Leave granted.
Heard both sides.
2. These appeals have been filed by the various colleges where the
studies for Indian system of medicine of homeopathy etc. are being imparted. Some of
the appeals have been filed by the students and some are filed by the Association of
Colleges where this course of studies is pursued. The students were admitted in these
colleges for the academic years 2004-05 and 2005-06. In the State of Tamil Nadu, a
Notification was issued by the Health and Family Welfare Department to the effect that
the students who join in these professional colleges should obtain (a) a minimum of
60% marks in Biology, Botany and Zoology taken together and (b) a minimum of 60%
marks in each of the subjects of Physics and Chemistry and an aggregate of the
percentage of marks in (a) and (b) should not be less than 140 out of 200 marks.
Likewise, the State Government
prescribed minimum marks for various categories such as open competition, B.C.,
M.B.C., S.C./S.T. Etc. For the year 2004-05, a Notification was issued in the month of
October, but by that time admissions are over. As regards 2005-06, about 75 students
had been admitted, who did not have this requisite percentage of marks. We are told that
these students have also now completed their admission. Learned counsel appearing for
the petitioners has submitted that, as per the Central Council of India Medicine
(Minimum Standards of Education in Indian Medicine) Regulations, 1986, minimum
marks prescribed is 50%, as against 60% marks notified by the Health and Family
Welfare Department of the State Government. Of course, the State can prescribe high
percentage of marks for admission to the courses for various colleges in the State. But
these courses are not much sought after by the students and sometimes there is difficulty
in getting sufficient number of students for these courses as most of the students either
join in Engineering or medical courses. As regards the students of 2004-05, Notification
was issued belatedly. But we do not think that this Notification should be made
applicable to such students.
3. For the students of 2005-06, only 25 students were not strictly qualified as
per the Notification. But they have also secured more than 50% of the marks as stipulated
in the Central Government Notification and we are told that they have already completed
their courses. We do not think
that they should be disqualified at this stage. Accordingly, we hold that these students
should also declared to be qualified to join for the courses they had opted. In the
circumstances, these appeals are disposed of with the direction that the students shall be
treated as qualified to join the courses. No costs.