WP/27698/2005 of Dr.Farooq Ahmed, Vs Central Council for Indian Medicine, represented by its on 28 December 2005

ORDER:

The petitioners were selected and sponsored by the CentralGovernment for admission into post-graduate medical courses inUnani in the third respondent-College for the academic year 2005-06.The first petitioner is a Government Medical Officer from the State ofJammu and Kashmir, with 16 years of service; and the secondpetitioner is on teaching side, for the past five years, from the State ofTamilnadu. Both of them were admitted in the third respondent-College on 07.03.2005.

The petitioners contend that according to the curriculum stipulated bythe Central Council for Indian Medicine, first respondent herein,candidates with six years of government service, or three years ofteaching experience, are entitled to be admitted, straight away intothe second year, and relied upon certain directions issued from timeto time, in this regard. They state that though they have beenrequesting the third respondent to permit them to join second yearclasses, they have not been extended the necessary relief. Hence,the writ petition.

Heard the learned counsel for the petitioners and the learnedGovernment Pleader for Medical and Health, and the learnedStanding Counsel appearing for the second respondent-University The first respondent framed a curriculum for the post-graduate courses in Unani medicine. Clause-5 thereof stipulates the durationof the course as three years, for MD and MS. A note is added to theprovision to the effect that in case of teachers of recognised Unanicolleges, Medical Officers and Research Officers, the duration shallbe two years. It was in this context that the competent authority hasbeen addressing letters to the third respondent-College year afteryear to admit such candidates straight away into second year.

This Court finds an unsurmountable difficulty in granting relief to thepetitioners at this stage. The reason is that the course, be it of firstyear or second year, commenced in the month March, 2005. Had thepetitioners approached this Court at the right earnest, necessaryrelief could have been granted. By now, more than 3/4[th] of thecourse, be it of first year or second year, is completed. The petitionerscannot be admitted in the second year of the course at its fag end.The Supreme Court, and in fact, the Medical Council of India hadfixed a time frame for commencing and conclusion of admissions inrespect of Allopathy courses. The object was that the candidatesadmitted into the course must undergo instructions completely, andthat midstream admissions must be avoided. When such anemphasis is added by the Supreme Court, it is rather difficult toaccede to the request of the petitioners for permitting them to join thesecond year of post-graduate course, at this stage.

The writ petition is accordingly dismissed. However, it shall be opento the petitioners to make necessary representation to therespondents and in case, it becomes feasible for them to accede tothe request of the petitioners, necessary action thereon shall betaken uninfluenced by any of the observations made herein. Nocosts.

VGB

_________________28.12.2005