IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2441 of 2007 Rakesh Kumar Mishra, son of Shri Bashishtha Kumar Mishra, resident of Mohalla- Mauna Mishra Toli, Chapra, P.S. Chapra Town, District- Chapra (Saran) .. Petitioner Versus 1. The Union Of India through the Secretary, Central Council of Indian Medicine, having its office at Institutional Area, Janakpur, New Delhi- 110058 2. The Secretary, Central Council of Indian Medicine, Institutional Area, Janakpuri, New Delhi- 110058 3. The Baba Saheb Bhim Rao Ambedkar Bihar University through its Vice-Chancellor, Muzaffarpur, Dist. – Muzaffarpur 4. The Vice-Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, District – Muzaffarpur 5. The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, District – Muzaffarpur …. … Respondents ------ For the petitioner :Mr. Binod Murari Mishra, Advocate For the University :Harendra Kumar Tiwary, Advocate For the Union of India :Mr. Sahvind Kr. Sharma, CGC 02/ 25.08.2011 Heard learned counsel for the petitioner, counsel for Respondent nos. 1 and 2 as also counsel for Respondent nos. 3 to 5. 2. Petitioner passed Ayurvedacharya (Bachelor of Aurvedic Medicine and Surgery) Examination from Baba Saheb Bhim Rao Ambedkar Bihar University (hereinafter referred to as the University) in May 1998 which is evident from the degree dated 5.12.2001 issued under the signature of 2 the Vice-Chancellor of the University contained in Annexure-1. Perusal of the aforesaid degree, however, does not indicate that the complete description of the course is indicated in the degree including Aurvedacharya, which is omitted from the degree dated 5.12.2001, Annexure-1. In this connection, it is pointed out, with reference to the letter of the Secretary of the Central Council of Indian Medicine dated 29.11.2006, Annexure-7 addressed to the Registrar of the University that nomenclature of Bachelor of Aurvedic Medicine and Surgery has been changed to include Ayurvedacharya prior to Bachelor of Aurvedic Medicine and Surgery from the year 1992 with further instruction to make correction in the description of the nomenclature of the course in the said degree from 1992 onwards. 3. By filing counter affidavit, the University has accepted the fact that nomenclature of the Bachelor of Aurvedic Medicine and Surgery has been altered by inserting Ayurvedacharya prior to Bachelor of Aurvedic Medicine and Surgery from 1992 onwards but due to unavoidable circumstances 3 such insertion was not made by the University in the degree issued for the examination held between 1992 – 2001. 4. On account of unavoidable circumstances faced by the University, a candidate who passed Ayurvedacharya (Bachelor of Aurvedic Medicine and Surgery) cannot be allowed to suffer by incorporating incorrect description of the course in the degree. Accordingly, it is directed that the original degree of the petitioner dated 5.12.2001, Annexure-1 may be taken back by the Vice- Chancellor of the University and another degree indicating that petitioner passed Ayurvedacharya (Bachelor of Aurvedic Medicine and Surgery) examination held in May, 1998 be given to the petitioner as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Vice-Chancellor of the University. 5. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.) 4