Supreme Court Criticises HC For Refusing BAMS Degree To Student After Allowing Him To Complete Course Through Interim Orders

The Supreme Court on Tuesday provided relief to a BAMS student to whom degree was denied on the ground that he did not meet the eligibility criteria of having studied English in 10+2 class at the time of the admission to the Course. The bench comprising Justice Sanjay Kumar and Justice A.G. Masih ordered the issuance of the BAMS course degree to the student, noting that the initial deficiency of failing to study English as a subject in his higher secondary examination at the time of admission was later rectified when he successfully cleared the English test subsequently, as required by the college. Though he completed his BAMS course on the protection of the interim order, the High Court ultimately dismissed his petition, on the ground that his initial admission did not meet the eligibility criteria. The Supreme Court criticized the High Court for disregarding the appellant's six years of effort, undertaken in compliance with its interim order, to complete his course and fulfil part of his mandatory internship program. "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.