# Dr. Sudhanshu Vashistha & Ors v. State of U.P. & Ors

- **Citation:** (2026) 3 ILRA 19
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2026-03-12
- **Case number:** Writ - A No. 1446 of 2026
- **Bench:** Vikas Budhwar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dr-sudhanshu-vashistha-ors-v-state-of-u-p-ors-54315
- **Pages:** 8

## Text

3 All. Dr. Sudhanshu Vashishtha & Ors. Vs. State of U.P. & Anr.
19
the same while affirming the order of the Board, thus both the orders are in clear contravention of
Section 94 of the Act, 2015. It is to be noticed that clause (iii) of Section 94 begins with the word
"Only" i.e to say the other age determination test could be resorted to only in absence of any
document mentioned in clause (i) and (ii) and not otherwise.

15. Accordingly, the present criminal revision is allowed.

16. In view of the facts, circumstances, and discussions made hereinabove, the impugned
order dated 17.10.2025 passed by the Children Court/Special Judge, POCSO Act, Pratapgarh in
Criminal Appeal No. 41 of 2025, as well as the order dated 23.05.2025 passed by the Juvenile
Justice Board, Pratapgarh in Miscellaneous Case No. 36 of 2025 are hereby set aside.

17. Let the applicant- Pradeep Kori @ Pradeep Harijan (Minor) Thru. Father (Natural
Guardian) be enlarged on bail, in the above mentioned case on executing a personal bond by his
father/natural guardian with two reliable sureties in the like amount to the satisfaction of the
Court/Board concerned and on submission of undertaking on affidavit by his father/natural
guardian that he/she will take due care of the juvenile, will not allow him to indulge in any
unlawful or criminal activity or join the company of unlawful elements, will keep him under strict
control, shall not attempt or tamper with the evidence or threaten the witnesses, shall not seek any
adjournment on the date fixed for evidence, shall remain present before the trial Court on each date
fixed either personally or through her counsel, failing which, the order of bail granted to
Revisionist/Juvenile may be cancelled.

18. For a period of one year from today, the Juvenile/Revisionist shall appear before the
District Probation Officer concerned along with his natural guardian on 10th of every month.
----------
(2026) 3 ILRA 19
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 12.03.2026

BEFORE

THE HON'BLE VIKAS BUDHWAR, J.

Writ - A No. 1446 of 2026

Dr. Sudhanshu Vashistha & Ors. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Issue for Consideration
(1) Permissibility of seeking direction to respondent to accept the Application Form for the post of Medical
Officer, for which the minimum qualification is B.A.M.S. degree, but the same was not completed on the last
date due to non-completion of one year internship.

Headnotes
20 INDIAN LAW REPORTS ALLAHABAD SERIES
(A) Service law - Advertisement - Post of Medical Officers - Essential qualification of B.A.M.S. -
One year internship, as required for completion of BAMS, was not completed on the last date of
submission of Application form - Direction to the respondent for acceptance of application form
was sought - Plea of pandemic pertaining to CORONA was taken - Permissibility :
Held : The degree of B.A.M.S. can only be awarded in case the candidate or the applicant fulfills the courses
of B.A.M.S. programme as mentioned in Table-1 appended to the Regulation-6 of 2022 Regulations. In other
words, if the Compulsory Rotatory Internship is not completed, no degree can be awarded in that regard. As
regards the provisional registration certificate so issued is concerned, it has been specifically mentioned
therein that it is valid for internship period only, as apparent from page-37 onward and the same shall not be
relatable to medical practice. [Para 16]
Further held : Though according to the writ petitioner, due to the ongoing Pandemic pertaining to CORONA,
the degree was awarded at a belated stage, as the examinations could not be conducted within the time
frame but the same cannot be a ground to accord benefit to the writ petitioners. Nonetheless, the eligibility is
to be seen on the date of the submission of the application as mentioned in the advertisement and attainment
of any qualification post the cut-off date, cannot be considered in that regard. [Para 16] (E-1)
Case Law Cited
Writ A No. 519 of 2026, Dr. Gajendra Singh @ Gajendra Singh and another vs. State of U.P. - referred to.

List of Acts
Uttar Pradesh State Medical (Ayurvedic and Unani) Service Rules, 1990; Medical Officer Community Health
(Ayurved and Unani) (Group A and Group B) Service Rules 2003; Uttar Pradesh Medical and Community
Health (Ayurvedic and Unani) (Group A and Group B) Service Rules 2008 - Rule 8; Indian System of Medicine
(Minimum Standard of Under Graduate Ayurveda Education) Regulation 2022 -Regulation 6 and 7.

List of Keywords
Advertisement, Qualification, Internship, Provisional registration, Variation, Deviation, Compulsory Rotatory
Internship, Pandemic pertaining to CORONA, Eligibility.

Case Arising From
Advertisement dated 22.12.2025 issued for the post of Medical Officer.

Appearances for Parties
Advs. for the Petitioner : Onkar Nath
Advs. for the Respondents : Fuzail Ahmad Ansari, Gaurav Singh, Mahendra Narain Singh

(Delivered by Hon'ble Vikas Budhwar, J.)

1. Heard Sri Onkar Nath, learned counsel for the writ petitioners, who are seven in number, Sri
Gaurav Singh, learned Standing Counsel for the State and Sri F.A. Ansari, learned counsel for the
Commission.

2. Since counter and rejoinder affidavits have been exchanged between the rival parties, they
do not propose to file any further affidavit.

3. With the consent of the parties, the writ petition is being decided at the fresh stage.
3 All. Dr. Sudhanshu Vashishtha & Ors. Vs. State of U.P. & Anr.
21

4. The case of the writ petitioners is that an advertisement was published on 22.12.2025 for
appointment of Medical Officers, on the post of Medical Officer, Ayurved and Medical Officer
Community Health (Ayurved and Unani) being Advertisement No. D-6/E-1/2025 dated
22.12.2025. The last date of submission of application form was mentioned as 22-1-2026. The writ
petitioner nos. 1 to 5 claim to have passed their B.A.M.S. Examination in the year 2024 from
Kalawati Ayurvedic Medical College & Research Centre & Hospital, Gorha, Kasganj which is
affiliated to Dr. B.R. Ambedkar University, whereas the writ petitioner nos. 6 and 7 cleared their
B.A.M.S. Examination in the year 2024 from Jeevan Jyoti Ayurvedic Medical College & Hospital,
Aligarh affiliated to Dr. Bhim Rao Ambedkar University, Agra. The writ petitioner nos. 1 to 4
claim to have completed their six months allopathic internship from District Hospital Etah /
Veerangana Avantibai Lodhi Autonomous State Medical College, Etah. The writ petitioner no.5
claims to have completed her six months Ayurvedic Internship from Kalawati Ayurvedic Medical
College & Research Centre & Hospital, Kasganj which is affiliated to Dr. Bhim Rao Ambedkar
University, Agra and writ petitioner no.6 from District Hospital Aligarh, followed by writ
petitioner no.7 Jeevan Jyoti Ayurvedic Medical College & Hospital, Aligarh. The writ petitioner
nos. 1 to 5 claim to have got themselves registered as doctor from the Board of Ayurvedic and
Unani Tibbi Systems of Medicine U.P. at Lucknow on 27.01.2025 and petitioner Nos. 6 and 7 on
30.01.2025. According to the writ petitioners, though the last date of submission of the application
form was 22.01.2026, but since one year internship of the petitioner would be completed
28.02.2026, thus the respondents be directed to accept the application form of the writ petitioners
beyond the cut-off date.

5. This Court entertained the writ petition on 03.02.2026 while seeking response.

6. Counter affidavit has been filed on behalf of the Commission sworn by Deputy Secretary
dated 16.02.2026 to which a rejoinder affidavit has been filed.

7. Learned counsel for the writ petitioner has submitted that the writ petitioner is entitled to be
accorded the benefit of extension of the date for submission of application form from 22.01.2026 to
28.02.2026, particularly when a provisional registration certificate came to be issued under Section
28 of the Central Council of Indian Medicine Act, 1970 of B.A.M.S. having registration dated on
27.01.2025, thus merely because on account of the fact that Pandemic relating to CORONA was
there, the session got delayed and the examination were postponed and deferred and once
provisional certificate came to be issued, then the writ petitioners are entitled to be treated to be
qualified and merely because their internship is to be completed by 28.02.2026, the same would not
be a ground to forestall their claim for participating for the selection on the said post in that regard.

8. Sri Ansari, who appears for the Commission on the strength of the averments made in the
counter affidavit has submitted that there happens to be the Rules by the name of Uttar Pradesh
State Medical (Ayurvedic and Unani) Service Rules, 1990 providing for the qualification for the
post of Chikista Adhikari (Ayurved) and Medical Officer Community Health (Ayurved and Unani)
(Group A and Group B) Service Rules 2003, according to which a degree in Ayurveda of
University established by law of India for five years degree or diploma in Ayurvedic of Board of
Indian Medical Uttar Pradesh for Chikitsa Adhikari (Ayurved) and a degree in Ayurveda or Unani
Tib of a University established by law in India a qualification recognised as equivalent thereto is
22 INDIAN LAW REPORTS ALLAHABAD SERIES
mandatory and while inviting attention towards the Nation Commission for Indian System of
Medicine notification dated 16.02.2022, it is contended that Regulation 6 of the notification itself
provides for not only First Provisional B.A.M.S, Second Provisional B.A.M.S. and Third (Final)
Provisional B.A.M.S., but also Compulsory Rotatory Internship for 12 months and without
completing the same, the degree of Ayurveda cannot be awarded. A reference has been made to the
Regulation 15 providing for Compulsory Rotatory Internship, which is for a period of 12 months.
Thus, it is contended that the writ petitioners are not eligible and qualified.

9. I have heard the submissions so made across the Bar and perused the records carefully.

10. Apparently, the writ petitioners herein, who are seven in number, had applied for selection
and appointment on the post of Chikitsa Adhikari (Ayurved), which is governed under the
provisions of the Uttar Pradesh State Medical (Ayurvedic and Unani) Service Rules, 1990. Rule 8
of the said Rules is quoted hereinunder:-

"Qualifications:---

(1) Essential -

(a) A degree in Ayurveda of a University established by law in India.

or

Five years degree or diploma in Ayurvedic of the Board of Indian Medicine, Uttar
Pradesh.

(b) Registration as a Vaidya with the Board of Indian Medicine, Uttar Pradesh and

(c) Atleast six months Professional experience of State Ayurvedic or Allopathic Hospital
ordispensary.

(2) Preferential -

Post-graduate degree in Ayurvedic from a recognized institution."

11. Further so far as the post of Medical Officer, Community Health (Ayurvedic and Unani) is
concerned, the same is governed under the previsions of Uttar Pradesh Medical and Community
Health (Ayurvedic and Unani) (Group A and Group B) Service Rules 2008, Rule 8 whereof reads
as under:-

"Qualifications:---

(1) Essential:

(a) A degree in Ayurveda or Unani Tib of a University established by law in India or a
qualification recognised by the Government as equivalent thereto.

(b) Registration as a Vaidya or a Hakeem with the Board of Indian Medicine, Uttar
Pradesh.

(c) At least six month's Professional experience in State Ayurvedic, Unani or Allopathic
Hospital or dispensary.

(2) Preferential:

Post graduate degree in Ayurveda or Unani Tib from a recognised institution. it is
important to mention here that for both the above."
3 All. Dr. Sudhanshu Vashishtha & Ors. Vs. State of U.P. & Anr.
23

12. The National Commission for Indian System of Medical had issued a notification on
16.02.2022 in exercise of the powers conferred by Sub-Section 2 of Section 55 of the The National
Commission for Indian System of Medicine Act 2020 which is known as National Commission for
Indian System of Medicine (Minimum Standard of Under Graduate Ayurveda Education)
Regulation 2022, Regulation 6 whereof reads as under:-

"6 Duration of B.A.M.S. programme.- The duration of the B.A.M.S. Programme shall be
five years and six months as per the following table, namely:-

Table-1
(Duration of B.A.M.S. Programme)

Sl. No.

Course of the B.A.M.S. Programme
Duration

(a)

First Professional B.A.M.S.

Eighteen Months

(b)

Second Professional B.A.M.S.

Eighteen Months

(c)

Third (Final) Professional B.A.M.S.

Eighteen Months

(d)

Compulsory Rotatory Internship

Twelve Months

"

13. Further Regulation 7 and 15 reads as under:-

"7 Degree to be awarded.- The candidate shall be awarded Ayurvedacharya (Bachelor of
Ayurvedic Medicine and Surgery-B.A.M.S) Degree after passing all the examinations and
completion of the laid down programme of study extending over the laid down period and the
compulsory rotatory internship extending over twelve months and the nomenclature of degree shall
be Ayurvedacharya (Bachelor of Ayurvedic Medicine and Surgery -B.A.M.S)." ...

" 15 Compulsory Rotatory Internship.- (a) (i)The duration of Compulsory Rotatory
Internship including Internship Orientation Programme shall be one year and ordinarily
commence on first working day of April for regular batch students and first working day of October
for supplementary batch students."

14. Pertinently it is not a case of the writ petitioner that the advertisement is in variation or
deviation of the Rules itself. However, the parties are in agreement that the advertisement stood
published on the basis of the position, which emanated in the Rules and Regulations in question.
Now, a question arises whether on the strength of the provisional registration certificate of
B.A.M.S. issued by the Board of Ayurvedic and Unani Tibbi Systems of Medicine U.P. in the year
2025, the writ petitioner can be said to be eligible and qualified in all respects for the post in
question or not.
24 INDIAN LAW REPORTS ALLAHABAD SERIES

15. In order to address the said issue what would be relevant would be the Rules and
Regulations itself. Rule 8 of the 1990 Rules for recruitment on the post of Chikitsa Adhikari
(Ayurvedic) provides for the essential qualifications a degree in Ayurveda and of University
established by law in India or 5 years degree or diploma in Ayurvedic of the Board of Indian
Medicine, Uttar Pradesh and with respect to Medical Officer of Community Health, the Rules 2023
postulates the qualification being essential a degree in Ayurveda or Unani Tib of a University
established by law in India or a qualification recognized by the government being equivalent
thereto. Now, what would be the final and the conclusive degree in Ayurveda or Unani, the same is
dependent upon the requirements which are finding place in the National Commission for Indian
System of Medicine (Minimum Standard of Under Graduate Ayurveda Education) Regulation
2022. Plainly and simply, Regulation 6 provides for duration of B.A.M.S. programme, which shall
be 5 years and 6 months and as per table-1 so appended thereto with respect to the course of
B.A.M.S. programme pertaining to First Professional B.A.M.S., the same is 18 months, the Second
Professional B.A.M.S. 18 months, the Third (Final) Professional B.A.M.S. 18 months and
Compulsory Rotatory Internship for 12 months. Regulation 7 itself provides that the candidate is to
be only awarded Bachelors in Ayurveda Medicine and Surgery B.A.M.S. degree after passing all
the examinations and completion of laid down programme of study extending over the laid down
procedure and Compulsory Rotatory Internship extending over 12 months and the nomenclature of
the degree shall be Bachelors of Ayurvedic Medicine and Surgery B.A.M.S. Further Regulation 15
talks about the Compulsory Rotatory Internship, which is of 12 months. Taking into account, the
statutory provisions as referred to above in the facts of the case, it is the own admission of the writ
petitioners that the writ petitioners shall complete their internship on 28.02.2026. The relevant
averments in this regard have been made in para-18 and 22 of the writ petition, which reads as
under:-

"18. That all the petitioners could not be completed their one-year internship up to 22-12026, their internships will be completed on 28-2-2026.

....

22. That the petitioners have completed their 1/2 years B.A.M.S. degree + six months
internship total 5 years, thus they are eligible to submit their forms according to advertisement No.
D - 6 / E - 1/2025 dated 22-12-2025 but their one year internship has not been completed on 21-12026."

16. Thus it can be very well deduced that in light and background of the Regulations and the
Statutory Rules, the degree of B.A.M.S. can only be awarded in case the candidate or the applicant
fulfills the courses of B.A.M.S. programme as mentioned in Table-1 appended to the Regulation-6
of 2022 Regulations. In other words, if the Compulsory Rotatory Internship is not completed, no
degree can be awarded in that regard. As regards the provisional registration certificate so issued is
concerned, it has been specifically mentioned therein that it is valid for internship period only, as
apparent from page-37 onward and the same shall not be relatable to medical practice. Though
according to the writ petitioner, due to the ongoing Pandemic pertaining to CORONA, the degree
was awarded at a belated stage, as the examinations could not be conducted within the time frame
but the same cannot be a ground to accord benefit to the writ petitioners. Nonetheless, the
eligibility is to be seen on the date of the submission of the application as mentioned in the
advertisement and attainment of any qualification post the cut-off date, cannot be considered in that
3 All. Dr. Sudhanshu Vashishtha & Ors. Vs. State of U.P. & Anr.
25
regard. In Dr. Gajendra Singh @ Gajendra Singh and another Vs. State of U.P., in Writ-A
No.519 of 2026, an issue touching the aspect, which is relatable to the present case, came up for
consideration, wherein in par- 7 and 8, the following was observed:-

"7. The bone of contention between the parties is about the fact whether a candidate
whothough possesses a degree of bachelor science and animal husbandry is to be held to be
eligible bereft of successful completion of internship. In the opinion of the Court, internship is the
part and parcel of the degree of bachelor of Veterinary Science and Animal Husbandry. Once a
candidate clears the internship which is the part and parcel of the bachelors degree then he is to be
held to have been eligible and qualified. In Anup Kumar Yadav (supra), the following was
observed.-"

"Rejoinder affidavit filed today is taken on record.

Heard learned counsel for the petitioners, learned Standing Counsel for State and Sri
Rishi Upadhyay, learned counsel for respondent no.2.

The present petition has been filed with the following prayer:-

"Issue a writ, order or direction in the nature of mandamus commanding the respondent
no.2 to forthwith extend last date of submission of form from 05.10.2020 to 20.10.2020 or beyond
that taking into consideration the extraordinary circumstances which came into existence on
account of Covit-19 and in case if need so arises by way of reasoned speaking order on the request
of petitioners dated 09.09.2020."

The contention of counsel for the petitioners is that the Public Service Commission issued
an Advertisement No.1/2020-21 on 05.09.2020 for the post of Medical Officer in Veterinary
Doctors. The eligibility prescribed under the said advertisement was that the candidates should
possess the degree in B.V.S.C. and A.H.

Admittedly, the petitioner did not possess the said degree as on the date prescribed as
last date for filing the application.

The case of the petitioners is that the degree was to be awarded to the petitioners after
completion of their internship which were scheduled from 01.07.2020 to 09.07.2020. However, on
account of pandemic the dates were extended and as such the petitioners could not complete the
internship before the time prescribed as the last date and thus they were deprived of being
considered for appointment.

It is argued that in normal circumstances, the law is very settled that the persons desirous
of appointment should possess the prescribed qualification on the date of filing of application,
however, the situation on account of pandemic cannot be termed as a normal situation and thus,
the present writ petition has been filed.

I am afraid that this question is well settled that the persons desirous of being considered
should possess the requisite prescribed qualification on the date of the application, thus, no case
for interference is made out in the present proceedings. However, the petitioners may approach the
State Government for redressal of their grievances, if so advised.

If the petitioners approach the State Government, their grievances shall be considered in
the light of the Covid situation."

8. Nonetheless, the orders which the writ petitioners seeks to rely upon of Rajasthan High
Court and Chandigarh High Court are interim orders. However, this Court while interpreting the
provisions relatable to the eligibility of Veterinary Officers in Anup Kumar Yadav (supra) has itself
opined that the internship is that part and parcel and is a mandatory provision for eligibility.
26 INDIAN LAW REPORTS ALLAHABAD SERIES
Moreover, eligibility is to be seen on the last date of submission of the application form and once
the writ petitioner does not possess required certificate of internship is not liable to be considered
for participating in the selections."

17. Accordingly, no relief can be accorded to the writ petitioners. The writ petition is
dismissed.
----------
(2026) 3 ILRA 26
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.03.2026

BEFORE

THE HON'BLE SAURABH SHYAM SHAMSHERY, J.

Writ - A No. 1760 of 2026
Along with other connected cases

Km. Lakshmi & Ors. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Issue for Consideration
(1) Validity of cancellation of written examination as the question-paper was leaked out, particularly when its
result was declared.

Headnotes
(A) Service law - Recruitment - Post of Assistant Professors - Written examination - Papers was
leaked, in respect of which two First Information Reports were lodged and after investigation,
two charge sheets were filed against four accused persons - Irregularity was found to be
committed by few person - Effect - Earlier result of written examination was declared, but
subsequently it was cancelled - Validity challenged
Held : If irregularities were committed even by few candidates, it would be a case to quash entire
examination, subject to inquiry and supported materials - There were substantial evidence and material with
State that paper of written examination for atleast five subjects were leaked and sold to beneficiaries. The
investigation has prima facie concluded that atleast 19 candidates were definitely benefited - The submission
of learned Senior Advocate for petitioners that allegations in First Information Reports were not sufficient to
extent that no irregularity was committed, cannot be accepted since after investigation two charge sheets
were already filed. [Para 18, 19 and 20]
Further held : A candidate has no indefeasible right to be selected or to force the State to conclude an
examination process which was tainted since papers of written examination were leaked and candidates were
benefited also. It is the fairness which is the utmost object to conduct any examination and under no
circumstance it can be permitted to compromise. [Para 26] (E-1)
Case Law Cited
Vanshika Yadav vs. Union of India and others, (2024) 2 SCC 743; Lila Dhar vs. State of Rajasthan and others
(1981) 4 SCC 159; Tanvi Sarwal vs. Central Board of Secondary Education and others (2015) 6 SCC 573; and,
State of Himachal Pradesh and others vs. Raj Kumar and others (2023) 3 SCC 773; State of West Bengal vs.
Baishakhi Bhattacharyya (Chatterjee) and others, 2025 INSC 437; Sachin Kumar and Others vs. Delhi