Chittatosh Mookerjee, J. - (1.) The appellants claimed to be the students of the 3rd year of Bachelor of Ayurvedic Medicine & Surgery Degree Course of the Jamini Bhusan Roy State Ayurvedic Medical College and Hospital, Calcutta. According to the appellants, on 4th May, 1976, the University of Calcutta had notified the syllabus and scheme of Examination of the said B.A.M.S Degree Course which had been accepted by the Academic Council of the University of Calcutta on 22nd March, 1973. The Regulations in this behalf were circulated under an earlier notification dated 18th July, 1975 Thereafter, on 4th of June, 1976 the Government of West Bengal had invited applications in the prescribed forms from the eligible candidates for admission to the one year Pre-Ayurvedic Course leading to the B.A.M.S. Degree Course of the Calcutta University in the Jamini Bhusan State Ayurvedic College and Hospital, Calcutta for the session on 1976-77. The appellants who were selected had taken admission in the said Pre-Ayurvedic B.A.M.S. Course and had also appeared in the annual test examination 1977. Thereafter, they had appeared in the Preliminary Examination in the Ayurvedic Medicine and Surgery of B.A.M.S. Degree Course of the Calcutta University. The said examination although due to be held in June, 1977 was actually held in September, 1977. the results of the said Preliminary Examination in Ayurvedic Medicine end Surgery were published on 29th May, 1978.
(2.) The appellants claimed, that in November, 1977 the second year class for the first examination of B.A.M.S. Degree Course in the Jamini Bhusan Roy State Ayurvedic Medical College and Hospital had commenced and they bad been reading according to the curriculum of the B.A.M.S. Degree Course prescribed by the Regulations for the said Course framed by the Academic Council of the Calcutta University on 22nd March, 1977 aid which was notified by the Calcutta University on 18th July 1975. According to the respondents the Central Council of Indian Medicine under the Indian Medicine Central Council Act, 1970 had prescribed uniform Ayurvedic Course of Studies and had refused to recognize in future any other course.
(3.) the Calcutta University Council at its meeting on 13lh July, 1978 had confirmed the proceedings of the Ayurvedic Committee of the said University dated 17th June, 1978 which had accepted the syllabi and the said Regulations prescribed by the Central Council of Indian Medicine subjects to modification, if necessary. The duration of the said course of studies for the Degree of Ayurvedic Medicine was made 5 years after plus two stages. The Ayurvedic Committee further had resolved that the students who were reading in the first year class of the Ayurvedic course and also those students who would join the said course for the session 1978-79 after passing plus two Higher Secondary Examination, would follow the new syllabi and curriculum as accepted above. The said Regulations also stipulated that for the admission to the new 5 years B.A.M.S. Course students coming from plus two Higher Secondary Course should have passed the same with Sanskrit as of their subjects.;