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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4203 OF 2009 (@SPECIAL LEAVE PETITION (CIVIL)NO.21050 OF 2005)

B.MAYURI & ORS. Appellant(s)

                       VERSUS

GOVT. OF INDIA REP.BY SECY. TO GOVT. & ORS.  Respondent(s)

WITH CIVIL APPEAL NO.4204 OF 2009 @ SLP(C)NO.21341/2005 CIVIL APPEAL NO.4205 OF 2009 @ SLP(C)NO.173 OF 2006 CIVIL APPEAL NOS.4206-4207 OF 2009 @ SLP(C)NOS.26105-26106/2005 CIVIL APPEAL NOS.4208-4209 OF 2009 @ SLP(C)NOS.26103-26104/2005 CIVIL APPEAL NO.4210 OF 2009 @ SLP(C)NO.26101/2005

O R D E R

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

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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

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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.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

NEW DELHI; 9TH JULY, 2009.