JUDGMENT 1. Heard learned counsel for the parties. Perused the writ petition and the reply filed by the non-petitioner No. 2. 2. The petitioners have submitted before this Court that they were admitted by the College in the First Year Course, However, the respondent No. 2 has directed that they should not be admitted and they should not be allowed to appear in the examination. It is also the case of the present petitioners that number of students have been allowed in the past in violation of the rules which is evident from Annexure R-2/3, the letter dated 28th December, 1985. In that letter the Registrar has intimated the Principal of the affiliated college that candidates without passing the Pre-Tib Course are admitted in the First Year and this irregularity should be stopped. It has also been pointed out that such admission shall not be entertained for the purpose of examination. This shows that in the past the College committed irregularities which were not noticed and some persons have been benefited on account of the irregularity and illegality done by the institution. 3. Mr. Pareek appearing on behalf of the respondent No. 2 has submitted that the case of de-recognition is already under consideration. Counsel for the petitioner has submitted before me the lists of students, RJ IA and RJ I B and submitted that the candidates who have not passed Pre-Tib examination in the past were also admitted. They have not only been admitted but they have been allowed subsequent admissions in further course of five years. He has also referred before me RJ-6, the marks list of Kesar Ali and submitted the same around that the admissions have been made in violation of the rules and some persons have been allowed to appear in the First year and subsequent examinations. It is a matter of regret that the Central Government and the Board is not vigilant in the matter of the implementation of their rules and no answer is forth- coming from them. How and why such irregularities and illegalities were allowed to be done in the past. The letter referred above itself show that the irregularities and illegalities have been done in the past .The counsel (sic Council) 'Board should take immediate steps to rectify the mistakes done and to punish those who have violated the rules and regulations. How and why such irregularities and illegalities were allowed to be done in the past. The letter referred above itself show that the irregularities and illegalities have been done in the past .The counsel (sic Council) 'Board should take immediate steps to rectify the mistakes done and to punish those who have violated the rules and regulations. Unless an educational institution performs its duty faithfully and under the law the standard of educational institution shall not come to the mark particularly in such branch of medicine. 4. Mr. Pareek cannot answer what action has been taken against such irregular and illegal activities except the proceedings are going for de-recognising the institution. 5. I have heard the counsel for the petitioner. There is an Indian Medicine Central Council Act. 1970. The Central Council has been constituted under Section 3 of the Act. Section 22 of the said Act provides that Central Council may prescribe minimum standard of education in Indian Medicines required for granting recognised medical qualifications by Universities, Boards or Medical Institutions of India. Each Committee referred to in Clause (a) (b) and (c) of Section 22 is bound to report to the Central Council a efficacy of the regulations and may recommend to the Central Council such amendments, whatever, as it may think fit. Mr. Pareek has also invited my attention to the provisions of Section 36 of the Indian Medicines Central Council Act, 1970, particularly, sub- clause (i) (j) (k), which relate to provisional examination, qualification. Annexure R 2/1 has been produced before me is curriculum and minimum standard required for Unani Degree Course First of all, the qualifications for admissions have been prescribed and the person will have to seek admission in Pre-Tib Course and the duration of the course has also been prescribed that after passing the Pre-Tib Course one will have to seek admission in main course which is of five years and after five years completion of the course one will have to undergo the intern-ship for six mouths. This clearly shows that the Pre-Tib course is a condition precedent for the admission in five-year course which is called the main course. Mr. Pareek has also invited my attention to the provisions of Rajasthan Indian Medicine Act, 1953 and has also invited my attention to Annexure R/2. This clearly shows that the Pre-Tib course is a condition precedent for the admission in five-year course which is called the main course. Mr. Pareek has also invited my attention to the provisions of Rajasthan Indian Medicine Act, 1953 and has also invited my attention to Annexure R/2. The Board has constituted the rules in the year 1982 & the attendance in the lectures of Pre-Tib Course as well as in five-year main course is mandatory. It seems that the institution is flouting the rules and the regulations so made, may be for one reason or the other. Mr. Pareek has submitted before me that it was brought to the notice of the ministry that most of the Colleges are not following the standard and are admitting the students after charging capitation fee from the students. For this reason, he has invited my attention to Annexure R-2/l to check the malpractices in the matter of admission. The rules have been framed and the rules and regulations Annexure R-2/1 has come into force. From the forwarding letter dated 16.2.79 it seems that they have come into operation after 1979 but in any case not later than 1980. Mr. Gurjar appearing on behalf of the petitioner has invited my attention to Annexure-III and has submitted that the Principal of the College has addressed a letter to the Registrar and submitted to the Registrar that the instructions were received at the later stage and, as such, the students without passing Pre-Tib Course should be allowed to continue in the first year. This practice of admission degenerates the system of education for which the Council and the Board are equally responsible for not having supervisory control reguarly on such institutions who are playing with the lives of the students as well as of the people. Their negligence in such matters needs condemnation by the Court that after coming into force of the regulations such practice continued for years together and they have not been able to take action so far against such institutions. This shows the inefficiency or collusion of the officers who were holding the chairs at the relevant time in the institution. It was also brought to my notice that the petitioners have filled up the forms for Pre-Tib course and they have been allowed to appear in the Pre-fib course. This shows the inefficiency or collusion of the officers who were holding the chairs at the relevant time in the institution. It was also brought to my notice that the petitioners have filled up the forms for Pre-Tib course and they have been allowed to appear in the Pre-fib course. It was also submitted that the petitioners filled the forms in the First Year and submitted to the College, but it is nowhere on the record that these have come to the Board. Even if it is assumed that they have filled up the forms it will not suffice. A candidate who has not passed the Pre-Tib Course cannot be allowed admission in next class. Such irregularities which have occurred in the past cannot entitle the present petitioner for the continuance of the irregularties and illegalities in the future. Perhaps the institution has now awakened & they are trying to implement the rules and the regulations & are trying to put some restrictions on such institutions which are not following the norms of the educational standard laid down. Illegality and irregularity cannot be allowed to continue. It is directed that in future the Board and Council shall be responsible to see before the time of the examination that no violation is made and no person who has not passed the pre- Tib course is allowed to appear in the Fir t Year examination or any of the examinations. It is further directed that the Board will also see that those who are making money out of the educational system are dealt with sternly so that the students may not suffer and the standard of the education particularly medical education are maintained. It is further directed that the Board should take disciplinary action accordingly against those who were negligent in the flouting the orders in the matter of admission and examinations in the past. No relief can be granted to the present petitioner. This is not a case in which the student has appeared in the examination. It is further directed that the Board should take disciplinary action accordingly against those who were negligent in the flouting the orders in the matter of admission and examinations in the past. No relief can be granted to the present petitioner. This is not a case in which the student has appeared in the examination. The result should be declared and the irregularity so committed should not be condoned Mere it is a case in which the person is not allowed to appear in the examination on the ground that the admission is given by the College in violation of the regulations and this step has been taken at the earliest opportunity when the authorities detected it The admissions are given in the month of August and the detection has taken place at the earliest stage. For these reasons I am not inclined to give any relief to the students who have filed the writ petition before this Court. It will not be out of place here to mention that repetition of the breach of the rules may lead to chaos in the educational system and the Court should be reluctant in granting such relief in which there is violation of the rules and regulations. Granting of relief to the petitioner will tantamount to give a licence to the College for the illegalities or irregularities committed by them for one reason or the other may be on account of capitation fees or for other reasons and will be against the interest of the whole educational system and such practices cannot be allowed to continue. 6. The writ petition is dismissed. There is no order as to costs.Petition dismissed. *******