SC Comes to Rescue! Grants BAMS Degree to Student After 13-Year Legal Battle, pulls up HC for disregarding efforts

New Delhi: Pulling up the High Court that gave the verdict denying a BAMS degree to a student for being ineligible due to not passing higher secondary education with English as a subject even after he later reappeared and cleared his 10+2 exams, the Supreme Court of India has granted him relief. The apex court relief comes after 13 years of legal battle by allowing him to be issued the degree, as he had rightfully completed his course and internship.

Acknowledging the fact that the student had spent nearly six years completing his BAMS degree and part of his internship, the apex court strongly criticized the Madhya Pradesh High Court for ignoring his hard work, even though the interim order said he couldn’t claim special rights. It found the High Court's decision to be unfair and wrong which dismissed all his efforts. 

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The apex court ordered the college to issue the appellant his degree, noting that although his initial admission violated the 2008 Madhya Pradesh Ayurveda/Unani/Homeopathy Entrance Rules, he later fulfilled the requirement. After his college was de-recognized, he was transferred to Shaskiya Swasashi Dhanwantari Ayurvedic Medical College, Ujjain, and provisionally admitted. He reappeared for Class 12 twice, passed English, and met the eligibility criteria, which the High Court failed to consider.

While passing the judgement, the Division Bench of Justice Sanjay Kumar and Justice Augustine George Masih ruled, 

“Though, the interim order granted by the High Court on 30.10.2012 recorded that the appellant would not be entitled to claim equities, the fact that he was permitted to complete the entire course and had also finished part of his mandatory internship ought not to have been brushed aside lightly. Be it noted that the appellant had put in nearly 6 years by then in pursuing B.A.M.S. Degree Course and the end result of the High Court’s order was to decimate his entire labour of all those years. An act of the Court should, ordinarily, not prejudice anyone (Actus curiae neminem gravabit). This is a fundamental principle of justice, but it was disregarded by the High Court while considering the case of the appellant."

The case concerns that the appellant completed his High School Education (10+2) in the year 2008 from the Madhya Pradesh Sanskrit Board, Bhopal. He secured admission to the BAMS (Bachelor of Ayurvedic Medicine and Surgery) Degree Course in Smt. Dhairya Prabha Devi Sojatia Ayurvedic Medical College at Neemthur in Tehsil Bhanpura, District Mandsaur, Madhya Pradesh. He completed the first-year course. Thereafter the Ayurvedic Medical College got de-recognized. The students of the said College were transferred to Shaskiya Swasashi Dhanwantari Ayurvedic Medical College at Ujjain. However, the appellant was not given this benefit on the ground that he was ineligible to be admitted to the BAMS Degree Course as he had not taken and passed 'English' as a subject in his 10+2 examination.

Challenging the same, he filed the subject Writ Petition before the High Court in October 2012 and he was permitted to attend classes. However, the Principal of Shaskiya Swasashi College issued an Allotment Letter to the appellant. The appellant was transferred to the 3rd year of the B.A.M.S. course and asked to submit his documents and fees within three days. He was provisionally admitted on the condition that he would pass English in Class 12 or provide proof of having already done so.

The appellant re-appeared for the 12th class examination, took English as a subject and passed it by securing 70 marks. He also passed the Senior Secondary School Examination conducted by the National Institute of Open Schooling. The appellant had prosecuted the entire studies of the BAMS Degree Course and had also completed part of his mandatory internship at the time his writ petition was dismissed.

Though he completed his BAMS course on the protection of the interim order, the High Court ultimately dismissed his petition, on the ground that his initial admission did not meet the eligibility criteria. Aggrieved thereby, the appellant approached the Apex Court.

Considering the appellant's side, the apex court ruled in his favour so that he was not left out in the cold after completing almost the entire course. It concluded, "The appeals are accordingly allowed, setting aside the order dated 18.06.2014 passed by the Madhya Pradesh High Court in W.P. No. 10267 of 2012 and the order dated 01.08.2014 passed by it in Review Petition No. 236 of 2014. The appellant shall be permitted to complete his course and internship in Shaskiya Swasashi Dhanwantari Ayurvedic Medical College, Ujjain, and the authorities concerned shall thereafter issue him his B.A.M.S. Degree in accordance with due procedure."

To view the official order, click on the link below:

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