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Judgment
N.J. Pandya, J.—Twofold questions are involved, firstly about non-declaration of the result of the First Year Diploma Course in Homoeopathy and also the validity of the petitioner''s admission in that course.
The petitioner was admitted to the said course and at the end of the academic year, was allowed to appear in the First Year Examination but his result was said to have been cancelled as his admission was itself in doubt. That is how, his result came to be published on 6-11-85 as per Annex. XIX, page 66 and at Sr.. No. 7, page 67, this is disclosed as Examination cancelled, Roll No. 162.
In the Return filed by the respondent No. 1 the result has also been detailed out at page 37 showing that the petitioner has failed in all subjects.
He may or may not have failed. The question as to his eligibility to be admitted to the course in question was crucial and has been dealt with at length by the respondent No. 1 in para 7 onwards at page 34 going up to 36. The respondent No. 1 is the Court of Examiners of Homoeopathic and Biochemical Systems of Medicine situated at Bombay. The admission was given by the Principal of the respondent No. 2 College of Homoeopathy, Amravati.
The dispute is about the Diploma which was conferred on the petitioner by Punjabrao Krishi Vidyapeeth when he completed 2 years'' course with Rural Institute, Amravati. The requirement for entry to the said Homoeopathy Course is H.S.S.C. of Maharashtra State (Secondary) Education Board or its equivalent where subjects are Physics, Chemistry and Biology.
Admittedly, when the petitioner has not cleared H.S.S.C. Examination of Maharashtra Board, the question would arise whether the said course of 2 years ending into Diploma of the said Punjabrao Krishi Vidyapeeth is equivalent to the H.S.S.C. Examination of the Maharashtra Board or not.
The Central Council of Homoeopathy being a Governing Body, will have the last word in the matter. The said Council in its letters, details of which are at pages 33, 34 and 35 (Annex. XIV and XV) clearly indicated that the said Diploma of the Punjabrao Krishi Vidyapeeth is hot equivalent to H.S.S.C. of Maharashtra Board for the purpose of admission to the said Homoeopathy course.
Once this aspect is before us, arguments advanced on the basis of the admission, participating in the, course, taking education and appearing at the Examination so also assignment of the Roll Number for the purpose, in our opinion, will be of no avail. The petition is, therefore, dismissed. Rule is discharged.