- (1.) We will dispose of the above numbered three Special Appeals and one Writ Petition by this common ordr as common question arises for determination in each of the aforesaid cases. The principal question to be examined in each of the aforesaid cases is about the eligibility of a candidate for admission to various Ayurvedic Colleges in Rajasthan and it will be proper to set out the question which is to be examined and it is as under : "Whether the eligibility of a candidate for admission in National Institute of Ayurveda and other Institutions is required to be as per the Regulations of Central Council of Medicires (Minimum Standards of Education in Indian Medicine) Regulations, 1986, as amended by the Indian Medicine Central Council (Minimum Standard of Education in Indian Medicine) Amended Regulations, 1989 (for short, the Regulations) or as per Ordinance 329-N-19 (d) of the Ordinances framed by the University of Rajasthan (for short, 0-329-N-19) ." There is a faculty of Ayurveda in the University of Rajasthan and it is under chapter XXXIX of Hand-Book of the University of Rajasthan Part-II Volume-II, 1985 Edition. The Syndicate has approved the various amendments in Ordinances, Regulations and Rules of University Hand-book Part-II at its meeting held on December 27, 1990 and February 25, 199l. Before the amendments as aforesaid, 0-329- N-3 prescribed the qualifications for a candidate to be eligible for appearing in Pre-Ayurvedic examinations, as under : "O. 329-N-3(l)-A candidate who has passed Uttar Madhyama Examination of Sampurananad Sanskrit Vishwavidyalaya, Varanasi, or Higher Secondary (with Sanskrit) Upadhyaya Exam. of the Board of Secondary Education, Rajasthan, Ajmer or Pre-University Examination (with Sanskrit) of this University or an examination recognised by the University as equivalent thereto shall be eligible for admission to Pre-Ayurveda course. (2) Admission to Pre-Ayurveda Course shall be made in order of merit on the basis of uniform test. (3) A candidate who after having been admitted to the Pre-Ayurveda course as per above rules, has studied in an affiliated college for one academic year shall be eligible to appear at the Pre-Ayurveda Examination." After the approval of the Syndicate as aforesaid in its meeting held on December 27, 1990 and February 25, 1991, 0-329-N-19(a) to (n) were introduced, and so far as eligibility of a candidate for admission to the Ayurveda course is concerned, 0-329-N-(d) is relevant which reads as under : "0-329-N-(d) : (1) A candidate who has passed any one of the following examinations shall be eligible for admission to the First Ayurvedacharya class : (i) Pre-Ayurveda Examination of the University. (ii) Senior Higher Secondary Examination in Science (Biology) or with Sanskrit as an optional subject or senior Upadhyaya Examination (with English) of the Board of Secondary Education, Rajasthaii, or an examination recognised by the University as equivalent thereto. (2) Admission of candidates other than those who have passed Pie-Ayurveda Examination of the University to the First Ayurvedacharya class shall be made in order of merit on the basis of a Pre-Ayurveda Test conducted in accordance with the Scheme of examination and syllabus laid down by the University. (3) A candidate shall not be admitted to the First Ayurvedacharya class unless he has attained the minimum age of 17 years on or before October 1st of the year in which he seeks admission."
(2.) The Indian Medicine Central Council Act, 1970 (for short, the Act) was made by the Central Legislature and a reading of statements of objects and reasons of that Act will show that the question of establishing of a statutory composite Central Council for Indian Systems of Medicines (Ayurveda, Siddha and Unani) and Homoeopathic system of medicine, on the analogy of Medical Council of India, had been under consideration of the Government of India for some time past. The minimum standars for admission, duration of courses of training, details of curricula and syllabi of studies and the title of the degree or diploma vary from State to State and even from Institution to Institution in the same State. Committees were appointed by the Government of India to consider the problems relating to the Indian system of medicine and Homoeopathy and the committees have recommended that a statutory Central Council on the lines of the Medical Council of India for modern system of medicine is a pre-requisite for the proper development of these systems of medicine. The Central Council of Health at its 13th meeting held in June, 1966 while discussing the policy on Ayurvedic education, recommended the setting up of a Central Council for Indian System of Medicine to lay down and regulate standards of education and examinations, qualifications and practice in these systems. The main functions of the Central Council was to evolve uniform standards of education in and registration of the practitioners of these systems of Indian Medicine and Homeopathy. To achieve the aforesaid objects a Bill was introduced and the Act was made by the Central legislature. It will appear from a perusal of the scheme of the Act that one of the functions of the Central Council established under Section 3 of the Act is to lay down standards for admission in the Ayurvedic colleges. The council constituted under section 3 of the Act is on the analogy of the Medical Council of India established under the Medical Council Act, 1956. The Central Council has to be the apex body for laying down the standards for admission to various Ayurvedic colleges as shall as courses and periods of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained in any University, Board or Medical Institutions for grant of recognised medical qualifications and it could only be done by making Regulations under the powers conferred on the Central Council by Section 36 of the Act with the previous sanction of the Central Government. The law is settled that the Central Council by making Regulations under Section 36 of the Act lays down the minimum standards for admission to various Ayurvedic colleges and the eligibility for admission can only be as per the minimum standards prescribed and any candidate not possessing the minimum standards of education or eligibility cannot be held eligible for admission to the various Ayurvedic Colleges. The Apex Court in the case of State of M. P. and another V. Kumari Nivedita Jain and others, 1981 AIR(SC) 2045, was examining the provisions of the Medical Council Act, 1956. The court referred to the case of State of Kerala V. Kumar T. P. Roshana, 1979 AIR(SC) 765 and quoted the following observations at:- "The Indian Medical Council Act, 1956 has constituted the Medical Council of India as an expert body to control the minimum standards of Medical education and to regulate their observance. Obviously, this high-powered Council has power to prescribe the minimum standards of medical education. It has implicit power to supervise the qualifications or eligibility standards for admission into medical institutions. Thus, there is no overall invigilation by the Medical Council to prevent sub-standard entrance qualifications in medical courses". The Apex Court analysed the various Sections of the Medical Council Act, 1956 and said that the main purpose of the Act is to establish Medical Council of India and the main function of the Council is to maintain the proper medical standards in medical colleges or institutions necessary for obtaining recognised medical qualifications. The Court said that it is open to the Council to lay down the minimum education as qualifications required of a student who may seek admission into a medical college. In para 18 of the judgment, the Court said- "In other words, the eligibility of a candidate who may seek to get admitted into a medical college for obtaining recognised medical qualifications may be prescribed by the Council. All the candidates who are eligible for admission into Medical Colleges or Institutions for getting themselves qualified as medical practitioners are entitled to seek admission into a Medical College or Institution. As to how the selection has to be made out of the eligible candidates for admission into the Medical College is a matter which has necessarily to depend on circumstances and conditions prevailing in particular States". The Apex Court then considered the relevant Regulations and so far as the eligibility of a candicate for admission is concerned, i. e. he must have passed the examinations mentioned in Regulation-I, it was held that it was mandatory, but so far as regulation-II in so far as process of selection is concerned, it was held to be directory. The court said- "Regulation I prescribes the eligibility of a candidate for admission to medical courses. For maintaining proper standards in medical colleges and institutions it comes within the competence of the Council to prescribe the necessary qualification of the candidates who may seek admission into the Medical Colleges." The court said that the Regulations are within the competence of the Council and mandatory. The aforesaid case applies on all fours to the present case. It has already been said in the earlier part of this order that the Central Council has been constituted under Section 3 of the Act on the lines of Medical Council of India and has been given power by virtue of Section 36 to frame Regulations laying down the eligibility for admission to various Ayurvedic Colleges throughout India including the State of Rajasthan.
(3.) A look at the Regulations will show that it lays down the qualifications for admission. It reads as under : "2. Admission Qualification : (I) 12th Standard with Science (Physics, Chemistry and Biology) and Sanskrit. Wherever provision and facilities for teaching Sanskrit as optional subject are not available at 12th S:andard (Biology) (Science Group) the students with 12th Standards (Biology Science Group) be admitted and Sanskrit be taught in main course; or Uttar Madhyama of Sampurnanand Sanskrit Vishwavidyalaya with Science and English; or Any other equivalent qualification recognised by State Governments and State Education Boards concerned with the examination. (II) The Pre-Ayurved Course of one year duration in respect of Uttar Madhyama or Higher Secondary/PUC preferably with Sanskrit or an examination equivalent thereto and Pre-Ayurved course of two years duration in respect of Purva Madhyama of S.S.I.C./Matriculation preferably with Sanskrit or an examination equivalent thereto, however, will continue till 1990 if the State Govts, or University so desires". A bare reading of the aforesaid extracted Regulation-II will show that if eligibility for admission is 12th Standard with Science (Physics, Chemistry and Biology) and Sanskrit and there may be seme institutions where there may net be facility for teaching Sanskrit as optional subject at 12th Standard Science (Biology), then 12th standard with Science (Biology) will be the minimum qualification for admission and Sanskrit can be taught in the main course. Even in the alternative qualification i.e. Uttar Madhyama of Sampurnanand Sanskrit Vishwavidyala also must have been acquired with Science and English. The emphasis therefore is that a candidate seeking admission to Ayurvedic colleges must have passed 12th standard with Science Biology or its equivalent examination. So far as Sanskrit is concerned, it is also required to be the qualification but where the facility for teaching Sanskrit subject is not available, and one has passed 12th standard with Science (Biology), he may be admitted, but he will have to study Sanskrit in the main course. Thus, emphasis is on the Science (Biology) as the minimum qualification for admission to Ayurvedic College at the 12th Standard. It therefore by implication excludes any other qualification of 12th standard without Science (Biology). It was contended by Mr. Dalip Singh, learned counsel for the University of Rajasthan that in the third alternative qualification as per Regulation 2, which has been extracted in the earlier part of this order, even any other equivalent qualification recognised by the State Government and State Education Board concerned with the examination has been recognised as valid for admission to Ayurvedic Colleges and he contends that even 12th standard with Arts and Sanskrit is qualification which has been recognised as equivalent & in this connection he referred to Book-let of Examinations of containing the list of Examinations recognised by the University (corrected upto December 1991). He referred to regulation 44-B, moreso its clause (vi) under which Upadhyaya (with English) Examination of the Board of Secondary Education, Rajasthan, Ajmer, has been recongnised as equivalent to the Higher Secondary Examination of a recognised Board for the purpose of admission in the University. It is well known that the question with regard to equivalence of educational qualification is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications and where the decision of the Government is based on the recommendation of an expert body which possesses the requisite knowledge, skill and expertise for adequately discharging such a function, the court, uniformed of relevant data and unaided by the technical insights necessary for the purpose of determining equivalence would not lightly disturb the decision of the Government. In the case of Mohd. Shujat Ali Vs. Union of India, 1974 AIR(SC) 1631, the Apex Court dealt with the matter and said that it is only when the decision of the Government is shown to be based on extraneous or irrelevant considerations or actuated by malafides or irrational and perverse or manifestly wrong that the court would reach out its lethal arm and strike down the decision of the Government. It has already been said that the Regulations were amended only on July 1, 1989 and neither any material has been placed before the court nor it has been urged that after the aforesaid amendment of the Regulations, it was ever considered that the Higher Secondary Examination only with Sanskrit as an optional subject or Senior Upadhyaya Examination (with English) Board of Secondary Education, Rajasthan, could be alternative qualification, a candidate possessing the aforesaid qualification could be eligible for admission to the Pre-Ayurvedic test. That apart, any other examination , recognised as equivalent qualification, must have been passed with Science (Biology) because, as said earlier, the Central Council has laid down the minimum standards for the candidates seeking admission which is 12th standard with Science (Biology) and no other examination without Science (Biology) could have been granted equivalent status to the aforesaid examination. The various alternative eligibility qualifications in Regulation 2 framed by the Central Council, to which reference has already been made in the earlier part of this order are to be read in the context in which they have been laid down and as said earlier, if we read even the third alternative qualification i.e. 'any other equivalent qualification recognised by State Governments and State Education Boards concerned with the Examination' in our opinion only such an examination which is passed with Science (Biology) could be granted equivalent status to the 12th standard with Science (Biology). We have already made a reference to the amendments in the Ordinance/Regulations and Rules of the University Hand-Book Part-II which were made by the Syndicate in its meeting held on December 27, 1990 and February 25, 1991. O. 329-N-19(d) was introduced by the said amendment which has already been extracted in the earlier part of this order. Under 0-329-N-2 the duration of the course of University was (a) Pre-Ayurvedic Course-1 year, (b) Main course-5 years, (c) Internship-6 months. The degree to be awarded after successful completion of the course is Ayurvedacharya (BAMS). Under 0-329-N-3, candidate who has passed Uttar Madhyama Examination of Sampurnanand Sanskrit Vishwavidyalaya, Varanasi, or Higher Secondary (with Sanskrit/Upadhyaya Exam. of the Board of Secondary Education Rajasthan, Ajmer or the Pre- University Examination (with Sanskrit) of the University of Rajasthan or an examination recognised by the University as equivalent thereto shall be eligible for admission to Pre-Ayurveda course. The admission in the said course was to be in order of merit on the basis of uniform test, and only a candidate who after having been admitted to the Pre-Ayurveda course as per above rules, has studied in an affiliated college for one academic year was eligible to appear at the Pre-Ayurveda Examination. The scheme of Pre-Ayurvedic Examination is given in R. 43 D and is available at page 617 of the University Hand-Book Part-II, 1985 Edition. It will therefore he clear that because of Regulation made by the Central Council was amended from July 1, 1989, the minimum standard for admission to various Ayurvedic colleges have been laid down so far as eligiblity is concerned providing that only such a candidate who has passed 12th standard with Science (Biology) and Sanskrit or the other two alternative qualifications referred to above also with Science and English alone should be eligible for admission to various Ayurvedic Colleges. It appears from Regulation-2 which has been extracted in the earlier part of this order and more so from its para (ii) that Pre-Ayurved course of one year duration in respect of Uttar Madhyama or Higher Secondary/PUC preferably with Sanskrit or an examination equivalent thereto and Pre-Ayurved course of two years duration in respect of Purvamadhyama of SSIC/ Matriculation preferably with Sanskrit or an examination equivalent thereto, however will continue till 1990 if the State Government or University so desires. Therefore, so far as Pre-Ayurveda course of one year duration, or the above referred to two qualifications without Science (Biology) were to continue till 1990 if the State Government or the University so desires, but in no case they could continue beyond 1990 even if the University or the State Government so desired. In other words, after 1990, neither Pre-Ayurved course of one year duration in respect of Uttar Madhyama or Higher Secondary/PUC preferably with Sanskrit or an examination equivalent thereto and Pre-Ayurveda course of two years duration in respect of Purvamadhyama of SSIC/Matriculation preferably with Sanskrit or an examination equivalent thereto, could not make a candidate eligible for admission to any of the Ayurvedic colleges.;