KANCHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this group of petitions, the petitioners have challenged the vires of Regulations 6(l)(c), 6(2)(c) and 6(4)(d) of the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016 (hereinafter to be referred to as the said Regulations). The petitioners have also prayed for consequential directions for allowing them to appear in the examination which was to be held shortly after the petitions were filed.

(2.) The facts may be noted from Writ Petition No.2638/2021 in the case of Rajesh Choudahry. The petitioner was admitted in Mahatama Jyotiba Fule Ayurved Maha Vidhyalaya, Chomu, District Jaipur in the academic year 2017 in the Aurved Medicine course after passing his senior higher secondary Examination and on the basis of pre-ayurvedic test conducted by the State of Rajasthan for such purpose. He appeared in the examinations of first and second professionals i.e. Academic Year 2017. He could not clear the said examinations in four chances. Based on Regulation No.6(4)(d) of the said Regulations, he was debarred from appearing in further examinations, upon which he filed this petition in which, as noted, he has challenged the vires of regulations concerned.

(3.) Learned counsel for the petitioners have vehemently argued before us that these regulations are unreasonable and arbitrary and are reconcilable with the provisions contained in the regulations itself permitting total nine years duration for completing the entire course. They have argued that earlier there was no such bifurcation in the regulations requiring the students to clear papers of each year within maximum number of years. They have therefore submitted that the regulations are unreasonable, arbitrary and thus violate Article 14 of the Constitution and need to be struck down.