Student Allowed To Complete BAMS Course After Passing English; Supreme Court Sets Aside High Court Orders

A Bench of Justices Sanjay Kumar and Augustine George Masih heard appeals by a student challenging the Madhya Pradesh High Court’s dismissal of his writ petition and review petition that had denied him recognition for a B.A.M.S. degree on the ground of initial ineligibility for not having passed English at the 10+2 level. The appeals arose from the denial of relief to an appellant who was provisionally admitted, pursued the course and internship for several years, and later passed English while his litigation was pending.

The Court allowed the appeals, set aside the High Court’s orders dated 18.06.2014 and 01.08.2014, and directed that the appellant be permitted to complete his course and internship at Shaskiya Swasashi Dhanwantari Ayurvedic Medical College, Ujjain, and that the authorities thereafter issue his B.A.M.S. degree “in accordance with due procedure.” The Court noted the principle that “An act of the Court should, ordinarily, not prejudice anyone (Actus curiae neminem gravabit),” and stressed that the peculiar facts warranted interference. The Court, in its reasoning, observed: "Though, the interim order granted by the High Court on 30.10.2012 recorded that the appellant would not be entitled to claim equities, the fact that he was permitted to complete the entire course and had also finished part of his mandatory internship ought not to have been brushed aside lightly. ... Given these peculiar facts, we are of the opinion that this is a fit case for interference so that the appellant is not left out in the cold after completing almost the entire course." The judgment recorded: the appellant had been provisionally admitted with an allotment letter which stated: "Certificate of Passing of Class 12th in English Subject in the attached Mark-sheet of Sanskrit Board or Provisionally admitted on the condition of passing English Subject in Class 12."

Background The appellant completed his higher secondary education from the Madhya Pradesh Sanskrit Board in 2008 and secured admission to B.A.M.S. in September 2008 at Smt. Dhairya Prabha Devi Sojatia Ayurvedic Medical College, Neemthur. That college was later de-recognized and students were transferred to the Government college at Ujjain. The appellant was not extended the benefit of transfer on the ground that he had not taken English at 10+2. He filed Writ Petition No.10267 of 2012 and obtained interim orders on 30.10.2012 permitting him to attend classes; a college allotment letter of 19.09.2012 recorded provisional admission subject to passing English. The appellant re-appeared for the Class XII examination in March 2013 with English as a subject and passed, and also obtained a provisional Senior Secondary Certificate from the National Institute of Open Schooling in June 2014 listing English among subjects. Despite having completed most of the course and part of the mandatory internship, the Division Bench of the Madhya Pradesh High Court dismissed his writ petition on the ground of initial ineligibility and refused the review petition. The Supreme Court observed that while initial eligibility is a sine qua non, the peculiar facts—including the college’s provisional admission, the appellant’s reliance and substantial completion of the course, and the curing of ineligibility by subsequent examination—required relief in equity. The appeals were allowed, the High Court orders were set aside, and the appellant was directed to be permitted to complete his course and internship; the authorities were directed to issue the B.A.M.S. degree thereafter. No order as to costs was recorded.

Case Details: Case No.: 2025 INSC 353 (Civ. A. Nos. @ S.L.P.(C) Nos. 4361-4362 of 2019) Case Title: Zaid Sheikh v. The State of Madhya Pradesh and others Appearances: For the Petitioner(s): Not indicated in the reported judgment For the Respondent(s): Not indicated in the reported judgment