Decided on December 21,2012

Bhawana Sharma Appellant
State of Uttarakhand And Ors. Respondents


Sudhanshu Dhulia, J. - (1.) HEARD Mr. D.S. Patni, Mr. Jayvardhan Kandpal, Mr. Lok Pal Singh and Mr. A.V. Pundir, Advocates for the petitioners, Ms. Menka Tripathi, Standing Counsel for the State of Uttarakhand, Mr. V.B.S. Negi, Assistant Solicitor General for the Union of India, Mr. Ramji Srivastava, Advocate for Central Council of Indian Medicine, Mr. Paresh Tripathi, Advocate for H.N.B. Garhwal University and Mr. R.K. Raizada, Advocate for respondent Nos. 7 to 10.
(2.) IN the present bunch of writ petitions before this court the issue is admission to a limited number of seats in Post -Graduate Ayurvedic Medical Course in the State of Uttarakhand. What has come for determination by this Court is whether such students (who are presently the petitioners before this Court) who have done their under graduate Ayurvedic Course, known as Bachelor of Ayurvedic Medicine and Surgery (i.e. B.A.M.S.) from an institute in Uttarakhand are to be treated as internal candidates or external candidates for admission in Post -Graduate Ayurvedic Medical Course. This is so because the total number of seats advertised the Government for admission in Post -Graduate Ayurvedic Medical Course were 45, out of which 24 seats were reserved for those who are "domicile of Uttarakhand" and the remaining 21 seats were for those candidates "from other States". There are three Ayurvedic colleges granting admission in undergraduate courses, the college which grant admission in Post -Graduate Ayurvedic Medical Course is only one in Uttarakhand which is Rishikul Government Ayurvedic College, Haridwar. However, all these colleges are granted degree by one and the same University which is H.N.B. Garhwal University, which is a Central University.
(3.) IN the brochure issued by the Government for Uttarakhand Ayurvedic Post Graduate Medical Entrance Examination, 2012, the condition, with which we are presently concerned is condition 1(ii) which reads as under: - - 1. General (i)..................... (ii) The competitive entrance examination for MD/MS(Ay) Post graduate course shall be conducted for 45 seats (Admission subject to approval of CCIM & AYUSH Deppt., Govt. of India) out of which 24 seats shall be filled by those candidates who has domicile of Uttarakhand and 21 seats shall be filled by the candidates from other states. These scats of MD/MS (AY) are subject to permission for admission by CCIM/Govt. of India.;

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