IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6574 of 2010 1. NALIN KUMAR KARN, S/O DR. VINOD KUMAR KARN, R/O N 1/12- L-5A GANGOTRI BIHAR CALLY, NAGWA LANKA VARANASI,U.P. 2. VIVEK SARKAR, S/O SRI K.B. SARKAR , R/O CHHATAUNI COLONY P.S. CHHATAUNI MOTIHARI DISTRICT-EAST CHAMPARAN. 3. ABHISEK CHANDRA, S/O AKSHAR KISHORE, R/O NEAR TEACHERS TRAINING COLLEGE CHHATAUNI MOTIHARI,P.S- TOWN DISTRICT-EAST CHAMPARAN. 4. AJAY KUMAR, S/O PARYAG PRASAD, R/O VILLAGE- MADHUBANI GHAT, P.S.-MUFASSIL, MOTIHARI, DISTRICT-EAST CHAMPARAN. 5. RAJIV KUMAR, S/O BALAK RAM VERMA, SARSWATI DEVI COLONY BEHIND SATSANG BHAWAN, P.S-KOTWALI DISTRICT- LAKHIMPUR KHIRI (U.P.). 6. RAHUL KUMAR, S/O SRI SUDAMA PANDEY, R/O VILLAGE- SIWRANAM PANDEY TOLA P.S.- HARSIDDI, DISTRICT-EAST CHAMPARAN. 7. SAROJ KUMAR, S/O INTILAL PASWAN, R/O VILLAGE- PHULWARIA P.S- DHAKA DISTRICT-EAST CHAMPARAN. 8. PANKAJ KUMAR, S/O ANIL KUMAR SINGH R/O VILLAGE- SEARAHAN P.S.-HARSIDHI, DISTRICT- EAST CHAMPARAN. 9. BIR BAHADUR KUMAR TIWARI, S/O MAHARSI SHIVANAND, R/O AYURVED SEVA ASHRAM JYOTI ANJSANDHAN KENDRA, NAYA TOLA, P.S.-KOCHAIKOT, DISTRICT- GOPALGANJ. 10. SIDHARTH SINGH, S/O SANT SHARAN SINGH, R/O VILLAGE- GAIDSI BAZAR,P.S-KOTWALI,DISTRICT-BALRAMPUR (U.P). 11. INDRAJEET KUMAR SINGH, S/O ARJUN SINGH, R/O VILLAGE- DHANAUR,P.S. AND DISTRICT-CHANDAULI (U.P). 12. BIPLAV KUMAR YADAV, S/O NARENDRA KUAMR YADAV, R/O VILLAGE-SADAT DISTRICT- GHAZIPUR (U.P). 13. SARVAJEET KUMAR SINGH, S/O ARJUN SINGH, R/O VILLAGE- DHANANAUR,P.S & DISTRICT-CHANDAULI (U.P). 14. SHASHANK KUMAR, S/O SRI NIVAS PATHAK, R/O MOHALLA - TELLIA PATTI NEAR S.N.S. COLLEGE P.S AND TOWN MOTIHARI DISTRICT-EAST CHAMPARAN. 15. BRIJESH KUMAR, S/O RAMBABU, R/O VILLAGE-FADNAVIS JALAUN,P.S- JALAUN, DISTRICT-JALAUN (U.P). 16. MEENAKSHI SRIVASTAVA, D/O SRI PREM PRAKASH SRIVASTAVA, R/O VILLAGE - GHADHIANIPURA NEAR NEW BUILDING CITY P.S- KOTWALI DISTRICT-BAHRAICH (U.P). 17. ABHINAV PANDEY, S/O DR. MAHESHWARI PANDEY, R/O NEAR SIDHARTH MANDIR MOHALLA BRAHAMNIPUR P.S. NEW KOTWALI DISTRICT-BAHRAICH (U.P). 18. SURJEET SINGH, S/O RAM CHARITER VERMA, R/O VILLAGE- CHANDRA NAGAR,P.S-MUFASSIL, DISTRICT-KHAGARIA. Versus 1. THE STATE OF BIHAR THROUGH THESECRETARY, null DEPARTMENT OF HEALTH( MEDICAL EDUCATION AND INDIAN 2 SYSTEM OF MEDICINE), GOVT. OF BIHAR, NEW SECRETARIATE,PATNA 2. THE ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 4. THE UNDER SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 5. THE DIRECTOR, INDIGENOUS SYSTEM OF MEDICINE, GOVT. OF BIHAR, PATNA. 6. THE DISTRICT INDIGENOUS MEDICAL OFFICER, EAST CHAMPARAN, MOTIHARI. 7. THE PRINCIPAL, R.N. MUKHERJEE AYURVED COLLEGE AND HOSPITAL, null MOTIHARI DISTRICT EAST CHAMPARAN, THE B.S.B.R.A.BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR. 8. THE VICE CHANCELLOR,B.S.B.R.A.BIHAR UNIVERSITY, MUZAFFARPUR 9. THE COLLECTOR OF EXAMINATION,B.S.B.R.A.BIHAR UNIVERSITY, MUZAFFARPUR ----------- 2 23.6.2010 Heard counsel for the petitioners and the counsel appearing for the B.R.A. Bihar University. The eighteen petitioners have filed this application for a direction to Respondent nos. 7 to 9 to accept their fees and forms and also a direction to respondent to allow them to appear in the First B.A.M.S. examination being conducted by the University. The examination is going to be commenced from 25th of June, 2010. Petitioners’ case is that they are regular students of R.N.Mukherjee Ayurved College and Hospital, Motihari and registered with B.R.A.Bihar University, Muzaffarpur. Their fees and forms are not 3 being accepted, for the reason that they are not within the intake capacity of students provided for the concerned college. Counsel for the petitioners submits that in case of similarly situated students earlier orders have been passed for accepting fees and forms and allowing them to appear in the examination, for the reasons that once the admission has been taken and the University has registered them as a regular students, there is no reason for not allowing them to appear in the examination. On the other hand, counsel appearing for the University has raised objection and submitted that the students who had taken admission for the sessions 2001- 2002 and thereafter in their cases, no such order can be passed because it has been decided that in the similar matter the students have to take fresh admission for appearing in the examination. So far students registered for the sessions 2007-2008 are concerned, it has been submitted by the counsel for the University that already the genuine students have been identified, who are 38 in numbers and only they can be allowed to appear in the 4 examination. I find that the submission made by the counsel for the University regarding students who have registration of sessions prior to 2007-2008, no such direction can be issued for accepting the fees and forms for appearing in the examination, for the reason that they will have to take fresh admission. So far students for the Sessions 2007-2008 are concerned, since their registration is intact and in the cases of similarly situated students also a direction has been issued for accepting the fees and forms and for allowing them to appear in the examination, I find no reason that such students will not be allowed to appear in the examination, who are registered for the Sessions 2007-2008. However, in case the University will cancel registration of petitioners, after issuing proper notice to them, they will not claim for publication of their results. This application is being allowed in respect of only those petitioners who are registered for the Sessions 2007-2008. Their fees and forms will be accepted and they will be allowed to appear in the examination going to start from 25th of June, 2010. 5 Let a copy of this order be handed over to the counsel appearing for the University as well as the counsel for the petitioners. (Mridula Mishra,J.) A.kumar