CWP NO.2800 of 1987 : 1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 01.10.2008. Dr.Om Parkash Sharma and another …Petitioners Versus The State of Punjab and others … Respondents CORAM HON’BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Anoopam Sharma, Advocate,for the petitioners. Mr.SS Sahu, AAG, Punjab,for respondent No.1 None for respondent No.2. Ms.Simran Chahal, Advocate, for respondent No.3. PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. The petitioners have passed the Ayurveda Acharya course and they were granted degrees of Ayurveda Acharya by the All India Ayurveda Vidhya Peeth in the year 1983 and 1984 respectively. It is alleged that for the similar course some of the Universities are granting degrees of Bachelor of Auyrvedic Medicines and Surgery (B.A.M.S.) and the petitioners are also entitled to the similar degrees in the said course. It is further alleged that in the year 1977-78, there was a strike by the students of All India Ayurveda Vidya Peeth belonging to the Punjab State and the strike was called off on the decision of the government in a meeting held on 22.1.1978. In the said meeting the Government decided that the CWP NO.2800 of 1987 : 2: Universities from 1978 onwards will make arrangement for the conduct of the examination of Ayurvedic students on the basis of the syllabus of the students of Auyurvedic Vidya Peeth according to which the students are studying and the Government will recognize the degree of students and on the basis of which recognition they will be entitled to practice and a Government service. If the students intend to go for a degree in BAMS then they will have to undergo the condensed course, the syllabus and time of which will be decided by the Universities. It is alleged that the aforesaid decision was not implemented and CWP No.4196 of 1979 was filed in this Court for the implementation of the decision aforesaid. The above said writ petition was allowed by this Court vide judgment dated 27.08.1980, wherein the following directions were issued:- “The above observations are also applicable to the present case. Once the Government and the Universities having taken decision that the University from 1978 onwards will make arrangement for the conduct of the examination of Ayurvedic students on the basis of syllabus of the students of Ayurvedic Vidya Peeth according to which students were studying and the government would recognize the degree of the students, that decision could not be withdrawn till the students to whom the assurances were given had been examined. The Government may hold the examination itself or it may direct the Universities to do so.” CWP NO.2800 of 1987 : 3: It is further stated that on the basis of the aforesaid decision, Punjabi University and Guru Nanak Dev University conducted examinations in the years 1977-78. However, no examination was held thereafter. The grievance of the petitioners is that when the aforesaid decision was taken, the petitioners were still studying on the basis of all India Ayurveda Vidya Peeth and thus have not been granted any benefit of the aforesaid judgment. Consequently, the petitioners have prayed that they may also be granted degree in BAMS course as has been awarded to similarly situated other students. In response to the notice issued, no written statements have been filed by respondent Nos.1 and 2 Written statement by way of affidavit has been filed by respondent No.3, Punjabi University, Patiala, stating therein that earlier all colleges and other educational institutions in the State of Punjab imparting education in Health Sciences, previously admitted to the privileges of or affiliated to Guru Nanak Dev University, Amritsar; Punjab University, Chandigarh; and Punjabi University, Patiala. By virtue of the notification dated 22.03.1999, it was decided that all such institutions be admitted to the privileges of or affiliated to Baba Farid University of Health Sciences, Faridkot with effect from 01.07.1999. Nothing has been stated in the reply as to whether any examinations were conducted pursuant to the judgment in CWP No.4196 of 1979, except in the year 1977-78. In view of the stand taken in the reply, this writ petition is CWP NO.2800 of 1987 : 4: disposed of with the following directions:- i) that if no examination was conducted after the years 1977-78 and the petitioners are similarly situated persons as the petitioners in CWP No.4196 of 1070, they may also be permitted to appear in the examination to be conducted by the Baba Farid University for which the concerned students will be notified appropriately. ii) if the petitioners and similarly situated students have already appeared in such examination and have successfully completed the examination, they may be granted BAMS degree on the same pattern as has been granted to the students in CWP No.4196 of 1979 in accordance with rules, regulations, guidelines, bye-laws etc. of the University. (PERMOD KOHLI) 01.10.2008. JUDGE BLS Note: Whether to be referred to the Reporter? NO