Monu Yadav vs State of U.P. thru. the Prin. Secy. Deptt. of Ayush

2. The writ petition was filed by the appellant with the averments that he had passed his Senior School Certificate Examination (Class 12, CBSE) with subjects Physics, Chemistry and Biology in the year 2015. In the year 2018, he was admitted to Bachelor of Ayurvedic Medicine and Surgery ('BAMS') at Dr. Krishna Gopal Dwivedi Ayurvedic Medical College, Jhansi. The appellant passed final professional BAMS Examination conducted by Mahayogi Guru Gorakhnath AYUSH University, Gorakhpur in May, 2025. The Principal of the Medical College sent a communication to the Board of Ayurvedic and Unani Tibbi Systems of Medicine Uttar Pradesh ('Board') for provisional registration so that the appellant can start his internship in time, however, by order dated 10.10.2025, the appellant was informed that as the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 2016 ('Regulations') requires at least 50% aggregate marks in the subjects of Physics, Chemistry and Biology in 12th Standard and the appellant has failed in written examination of physics, his application 2 SPLA No. 437 of 2025 for registration for internship has been rejected. Feeling aggrieved, the present writ petition was filed.

3. When the matter came up before learned Single Judge, an objection was raised on behalf of the respondent-Board that the appellant has remedy of filing an appeal against rejection order under Section 27(2) of the United Provinces Indian Medicine Act, 1939 ('Act') and therefore, the writ petition be dismissed. Learned Single Judge, on coming to the conclusion that a statutory remedy of appeal was available, dismissed the writ petition as not maintainable. Feeling aggrieved, the present appeal has been filed.

4. Learned counsel for the appellant made submissions that the appeal under Section 27(2) of the Act has nothing to do with the nature of order passed by the Board inasmuch as the appeal under Section 27(2) of the Act is provided in relation to the registration by the Board and present application was filed by the appellant for registration for internship and therefore, on that count, the order impugned deserves to be set aside. Further submissions have been made that the order of rejection is based on wrong interpretation of the provision of the Regulations, which requires 50% aggregate marks in the subjects of Physics, Chemistry and Biology, based on which, the appellant was accorded admission and at the end of 5 years of course, the Board is not entitled to question the grant of admission by the College/University and therefore, on that count also, the order impugned deserves to be set aside.

5. Counsel for the respondent-Board supported the order impugned passed by learned Single Judge as well as passed by the Board. Submissions have been made that the only registration with the Board is under Section 27 and once the registration has been refused, the appeal lies under Section 27(2) of the Act and therefore, learned Single Judge was justified in dismissing the writ petition. Further submissions have been made that admittedly, the appellant has failed in written examination in Physics and therefore, he was not entitled to seek admission as per the Regulations and once he was ineligible to seek admission in the course, the registration was rightly refused.

6. We have considered the submissions made by counsel for the parties and have perused the material available on record. 3 SPLA No. 437 of 2025

7. The marks obtained by the appellant in his Senior School Certificate Examination, 2015 in Chemistry, Biology and Physics were 63, 66 and 39, respectively, wherein he had failed in theory in subject-Physics, however, the aggregate of the three subjects was 155 out of 300 and on account of the marks obtained in practical examination in subject-Physics, he was declared passed and was issued the Senior School Certificate for Examination, 2015.

8. The provisions, relevant for the purpose of the present appeal, may be noticed as under: "United Provinces Indian Medicine Act, 1939 27. Persons entitled to be registered.- (1) Every person possessing the qualifications mentioned in the Schedule shall, subject to the provisions contained in or made under this Act and upon payment of such fees, whether in a lump sum or periodically, as may be prescribed, be entitled on an application made to the Registrar, to have his name entered in the Register. When the name of a person has been registered in accordance with the provision aforesaid he shall be granted a certificate in the prescribed form. (2) Any person aggrieved by the order of the Registrar refusing to enter his name in the Register or to make any entry therein may, within ninety days of such refusal, appeal to the Board. The Schedule Persons who are entitled to have their names entered in the register of Vaidyas and Hakims- 1. Vaidyas or Hakims who hold a degree or certificate of any Government Ayurvedic or Unani College or school within the Uttar Pradesh or outside it, or a degree in Indian medicine or surgery or midwifery of any University established by law in India. 2. Vaidyas and Hakims who hold a degree or diploma granted by the Board. 3. Vaidyas or Hakims who have passed an examination from any Ayurvedic or Unani Institution in the Uttar Pradesh or outside it recognized by the Board for purposes of registration. Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016. 2. Admission qualification.- The eligibility to seek admission in Bachelor of Ayurveda education are as under- (a) 12th standard with science or any other equivalent examination recognised by concerned State Governments and Education Boards with at least fifty per cent. aggregate marks in the subjects of Physics, Chemistry and Biology. 4 SPLA No. 437 of 2025 ..... 4. Degree to be awarded.- The candidate shall be awarded Ayurvedacharya (Bachelor of Ayurvedic Medicine and " Surgery- B.A.M.S.) degree after passing all the examinations and completion of the prescribed course of study extending over the prescribed period and the compulsory rotatory internship extending over twelve months. ..... 7. Compulsory Rotatory Internship.- (1) The duration of Compulsory Rotatory Internship shall be one year and the student shall be eligible to join the compulsory internship programme after passing all the subjects from first to the final professional examination and the internship programme shall be start after the declaration of the result of final professional examination. (2) The Internship Programme and time distribution shall be as follows:- (a) interns shall receive an orientation regarding programme details of internship programme along with the rules and regulations, in an orientation workshop, which shall be organised during the first three days of the beginning of internship programme and a work book shall be given to each intern, in which the intern shall enter date-wise details of activities undertaken by him or her during his or her training; (b) every intern shall provisionally register himself with the concerned State Board or Council and obtain a certificate to this effect before joining the internship program; ....."

9. A perusal of the Regulations would reveal that under Regulation 4, a candidate shall be awarded BAMS degree after passing of examinations and completion of the prescribed course of study extending over the prescribed period and the compulsory rotatory internship extending over twelve months. The above provision specifically provides that degree will be awarded after the candidate passes all examinations and completes the internship and Section 27 of the Act dealing with the registration provides for registration of every person possessing the qualifications mentioned in the Schedule and the Schedule, in turn, provides for those who hold a degree.

10. A cumulative reading of the above provisions reveals that Section 27 of the Act only deals with cases of registration after a degree, post internship, granted to any candidate and consequently, the refusal to register, which is appealable under Section 27(2) of the Act only relates to a candidate, who applies after getting the degree and not prior to that.

11. A candidate is required to seek provisional registration with the Board 5 SPLA No. 437 of 2025 as provided under Regulation 7(2)(b) for the purpose of undergoing the compulsory rotatory internship, for which, the Act has no specific provision and therefore, the said registration is under the Regulations and not under the Act so as to apply provisions of Section 27(2) of the Act qua the refusal to register for internship and as such, it cannot be said that the appellant had any alternative remedy under the provisions of Act.

12. Coming to the merit of the order passed by the respondents dated

10.10.2025, the Regulation 2(a), quoted hereinbefore, is very clear, wherein a candidate having at least 50% aggregate marks in the subjects of Physics, Chemistry and Biology is eligible to seek admission in BAMS. The provision cannot be read to mean that the candidate must have 50% marks in each subject individually else there was no necessity to indicate 'aggregate marks' in the Regulations. Admittedly the appellant has obtained 155 marks out of 300 and has more than 50% marks. Besides the above, examining the eligibility for admission to a degree course, the jurisdiction either lies with the College or the University, which is required to award the degree.

13. The Board, while granting provisional registration/registration, is not required to examine/cannot examine whether the candidate was eligible to seek admission in the Course and that also at the end of a five year course and therefore, on that count also, the determination made by the respondent-Board cannot be sustained.

14. Consequently, the appeal is allowed. The order dated 13.11.2025 passed by learned Single Judge is quashed and set aside. The writ petition, filed by the appellant, is allowed. The order dated 10.10.2025 passed by the Board is set aside and the Board is directed to provide provisional registration to the appellant, in accordance with law, forthwith. December 15, 2025 Mukesh Pal (Jaspreet Singh,J.) (Arun Bhansali,CJ.) MUKESH PAL High Court of Judicature at Allahabad, Lucknow Bench

2. The writ petition was filed by the appellant with the averments that he had passed his Senior School Certificate Examination (Class 12, CBSE) with subjects Physics, Chemistry and Biology in the year 2015. In the year 2018, he was admitted to Bachelor of Ayurvedic Medicine and Surgery ('BAMS') at Dr. Krishna Gopal Dwivedi Ayurvedic Medical College, Jhansi. The appellant passed final professional BAMS Examination conducted by Mahayogi Guru Gorakhnath AYUSH University, Gorakhpur in May, 2025. The Principal of the Medical College sent a communication to the Board of Ayurvedic and Unani Tibbi Systems of Medicine Uttar Pradesh ('Board') for provisional registration so that the appellant can start his internship in time, however, by order dated 10.10.2025, the appellant was informed that as the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 2016 ('Regulations') requires at least 50% aggregate marks in the subjects of Physics, Chemistry and Biology in 12th Standard and the appellant has failed in written examination of physics, his application 2 SPLA No. 437 of 2025 for registration for internship has been rejected. Feeling aggrieved, the present writ petition was filed.

3. When the matter came up before learned Single Judge, an objection was raised on behalf of the respondent-Board that the appellant has remedy of filing an appeal against rejection order under Section 27(2) of the United Provinces Indian Medicine Act, 1939 ('Act') and therefore, the writ petition be dismissed. Learned Single Judge, on coming to the conclusion that a statutory remedy of appeal was available, dismissed the writ petition as not maintainable. Feeling aggrieved, the present appeal has been filed.

4. Learned counsel for the appellant made submissions that the appeal under Section 27(2) of the Act has nothing to do with the nature of order passed by the Board inasmuch as the appeal under Section 27(2) of the Act is provided in relation to the registration by the Board and present application was filed by the appellant for registration for internship and therefore, on that count, the order impugned deserves to be set aside. Further submissions have been made that the order of rejection is based on wrong interpretation of the provision of the Regulations, which requires 50% aggregate marks in the subjects of Physics, Chemistry and Biology, based on which, the appellant was accorded admission and at the end of 5 years of course, the Board is not entitled to question the grant of admission by the College/University and therefore, on that count also, the order impugned deserves to be set aside.

5. Counsel for the respondent-Board supported the order impugned passed by learned Single Judge as well as passed by the Board. Submissions have been made that the only registration with the Board is under Section 27 and once the registration has been refused, the appeal lies under Section 27(2) of the Act and therefore, learned Single Judge was justified in dismissing the writ petition. Further submissions have been made that admittedly, the appellant has failed in written examination in Physics and therefore, he was not entitled to seek admission as per the Regulations and once he was ineligible to seek admission in the course, the registration was rightly refused.

6. We have considered the submissions made by counsel for the parties and have perused the material available on record. 3 SPLA No. 437 of 2025

7. The marks obtained by the appellant in his Senior School Certificate Examination, 2015 in Chemistry, Biology and Physics were 63, 66 and 39, respectively, wherein he had failed in theory in subject-Physics, however, the aggregate of the three subjects was 155 out of 300 and on account of the marks obtained in practical examination in subject-Physics, he was declared passed and was issued the Senior School Certificate for Examination, 2015.

8. The provisions, relevant for the purpose of the present appeal, may be noticed as under: "United Provinces Indian Medicine Act, 1939 27. Persons entitled to be registered.- (1) Every person possessing the qualifications mentioned in the Schedule shall, subject to the provisions contained in or made under this Act and upon payment of such fees, whether in a lump sum or periodically, as may be prescribed, be entitled on an application made to the Registrar, to have his name entered in the Register. When the name of a person has been registered in accordance with the provision aforesaid he shall be granted a certificate in the prescribed form. (2) Any person aggrieved by the order of the Registrar refusing to enter his name in the Register or to make any entry therein may, within ninety days of such refusal, appeal to the Board. The Schedule Persons who are entitled to have their names entered in the register of Vaidyas and Hakims- 1. Vaidyas or Hakims who hold a degree or certificate of any Government Ayurvedic or Unani College or school within the Uttar Pradesh or outside it, or a degree in Indian medicine or surgery or midwifery of any University established by law in India. 2. Vaidyas and Hakims who hold a degree or diploma granted by the Board. 3. Vaidyas or Hakims who have passed an examination from any Ayurvedic or Unani Institution in the Uttar Pradesh or outside it recognized by the Board for purposes of registration. Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016. 2. Admission qualification.- The eligibility to seek admission in Bachelor of Ayurveda education are as under- (a) 12th standard with science or any other equivalent examination recognised by concerned State Governments and Education Boards with at least fifty per cent. aggregate marks in the subjects of Physics, Chemistry and Biology. 4 SPLA No. 437 of 2025 ..... 4. Degree to be awarded.- The candidate shall be awarded Ayurvedacharya (Bachelor of Ayurvedic Medicine and " Surgery- B.A.M.S.) degree after passing all the examinations and completion of the prescribed course of study extending over the prescribed period and the compulsory rotatory internship extending over twelve months. ..... 7. Compulsory Rotatory Internship.- (1) The duration of Compulsory Rotatory Internship shall be one year and the student shall be eligible to join the compulsory internship programme after passing all the subjects from first to the final professional examination and the internship programme shall be start after the declaration of the result of final professional examination. (2) The Internship Programme and time distribution shall be as follows:- (a) interns shall receive an orientation regarding programme details of internship programme along with the rules and regulations, in an orientation workshop, which shall be organised during the first three days of the beginning of internship programme and a work book shall be given to each intern, in which the intern shall enter date-wise details of activities undertaken by him or her during his or her training; (b) every intern shall provisionally register himself with the concerned State Board or Council and obtain a certificate to this effect before joining the internship program; ....."

9. A perusal of the Regulations would reveal that under Regulation 4, a candidate shall be awarded BAMS degree after passing of examinations and completion of the prescribed course of study extending over the prescribed period and the compulsory rotatory internship extending over twelve months. The above provision specifically provides that degree will be awarded after the candidate passes all examinations and completes the internship and Section 27 of the Act dealing with the registration provides for registration of every person possessing the qualifications mentioned in the Schedule and the Schedule, in turn, provides for those who hold a degree.

10. A cumulative reading of the above provisions reveals that Section 27 of the Act only deals with cases of registration after a degree, post internship, granted to any candidate and consequently, the refusal to register, which is appealable under Section 27(2) of the Act only relates to a candidate, who applies after getting the degree and not prior to that.

11. A candidate is required to seek provisional registration with the Board 5 SPLA No. 437 of 2025 as provided under Regulation 7(2)(b) for the purpose of undergoing the compulsory rotatory internship, for which, the Act has no specific provision and therefore, the said registration is under the Regulations and not under the Act so as to apply provisions of Section 27(2) of the Act qua the refusal to register for internship and as such, it cannot be said that the appellant had any alternative remedy under the provisions of Act.

12. Coming to the merit of the order passed by the respondents dated

10.10.2025, the Regulation 2(a), quoted hereinbefore, is very clear, wherein a candidate having at least 50% aggregate marks in the subjects of Physics, Chemistry and Biology is eligible to seek admission in BAMS. The provision cannot be read to mean that the candidate must have 50% marks in each subject individually else there was no necessity to indicate 'aggregate marks' in the Regulations. Admittedly the appellant has obtained 155 marks out of 300 and has more than 50% marks. Besides the above, examining the eligibility for admission to a degree course, the jurisdiction either lies with the College or the University, which is required to award the degree.

13. The Board, while granting provisional registration/registration, is not required to examine/cannot examine whether the candidate was eligible to seek admission in the Course and that also at the end of a five year course and therefore, on that count also, the determination made by the respondent-Board cannot be sustained.

14. Consequently, the appeal is allowed. The order dated 13.11.2025 passed by learned Single Judge is quashed and set aside. The writ petition, filed by the appellant, is allowed. The order dated 10.10.2025 passed by the Board is set aside and the Board is directed to provide provisional registration to the appellant, in accordance with law, forthwith. December 15, 2025 Mukesh Pal (Jaspreet Singh,J.) (Arun Bhansali,CJ.) MUKESH PAL High Court of Judicature at Allahabad, Lucknow Bench