JUDGMENT 1. - The petitioner has challenged the validity of the Regulations framed by the Board of Indian Medicine Rajasthan, Jaipur, on March 19,1987 published in Rajasthan Rajpatra dated September 10, 1987 (Anr. 8) (for short, the Regulations). The petitioner has also challenged the admissions made on the ground that the same are in contravention of the provisions contained in para,2 (ka) of the State Regulations on the ground that under the said Regulations no pre-admission test was held and admissions were only made after inviting application. The petitioner has further taken a ground that preference can only be given to those candidates who have no (sic Knowledge in) `Arbi' and 'Farsi' but no such preference has been given to Urdu knowing candidates and that no capitation fee can be charged either in BUMS or Pre-Tib course. Under Section 48 of the Rajasthan Indian Medicine Act, 1953 (for short, the Act) power is vested in the Board to frame Regulations to regulate the matters provided therein but such powers are to be exercised under the provisions of the Act and the rules made thereunder. The Board was constituted under section 6 of the Act and Regulations were framed from time to time by the Board for admission to various colleges imparting education in Indian Medicines. Earlier, it appears that various colleges were giving admissions to the students in accordance with Regulations which were for the first time framed in the year 1982, the but there were certain complaints about the practice being adopted by the different colleges and one of the complaints was that they were charging capitation fee while admitting the students. The Board, therefore, by virtue of the powers vested in it amended the Regulations framed in l980 and the same Regulations have been published in Rajasthan gazette dated September 10, 1987. So far as eligibility for admission to BUMS course is concerned, it was provided in clause (ka) dealing with admission eligibility, that the candidate should have a certificate of Higher Secondary from the Rajasthan University or Pre-University examination or should be having a certificate equivalent to Pre-university examination or should have passed the examination in Parsian or Arebic which is equivalent to Higher Secondary Examination. The note provides that preference shall be given to a candidate who has knowledge in Arbi and Farsi. The note provides that preference shall be given to a candidate who has knowledge in Arbi and Farsi. For the academic session 1987-88 applications were invited by the Board of Indian Medicines Rajasthan (for short the Board) for admission to Pre-Tib and the petitioner also applied among others and the name of the petitioner did not appear in the original list but it was in the waiting list and the petitioner was not selected whereas the others were selected. 2. The contention of the learned counsel for the petitioner is that in the Regulations framed under Section 36 of the Indian Medicine Central Council Act. 1970 (for short, the Central Act), the medium of instructions has been laid down to be Urdu and only when Urdu knowing students were not available, the facility of change of medium may be adopted but nothing of this sort, has been provided under the Regulations framed under the Act. He further contends that preference has been given to Arabians and Farsi and not Urdu knowing. It may be stated at this stage that 'Indian Medicine' under the Central Act' it means the system of Indian Medicine commonly known as Ashtang Ayurveda Siddha or Unani Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time. Thus there can be no dispute that Unani Tibb is Indian Medicine and the provisions of Central Act as well as regulations framed under Section 36 of that Act will govern that system in of Indian Medicine also. A look at the regulations framed by the Medicine Council (Central Regulations) will show that even in the Regulations qualification for admission have been laid down by the State Regulations framed under the Act. It will be further clear that it is not mentioned therein that preference shall be given to Urdu and all that has been mentioned is that admission qualifications are 'Senior Secondary (12th std.)/Intermediate or equivalent oriental qualification. They will be eligible for admission to main five years course of BUMS. or SSLC/Matriculation or equivalent oriental qualification to two years Pre-Tibb course'. Therefore, if the equivalent status as compared to ,any Urdu certificate examination, even if it is taken to be oriental qualification only then a person can be eligible for admission to 5 years BUMS course. They will be eligible for admission to main five years course of BUMS. or SSLC/Matriculation or equivalent oriental qualification to two years Pre-Tibb course'. Therefore, if the equivalent status as compared to ,any Urdu certificate examination, even if it is taken to be oriental qualification only then a person can be eligible for admission to 5 years BUMS course. The question of oriental qualification can only arise is the Urdu certificate is must. Therefore, even under the Central Regulations, if equal status has been conferred an Urdu certificate examination and has been made equal to Higher Secondary, it can be said to be possessing qualification for admission. Now it will be clear that one should have passed the Higher Secondary, or equivalent, or pre-university examination or mutt have certificate equivalent to pre-university examination before he can be eligible for admission. Thus, either under the State Regulation or Central Regulations the admission qualifications are the same and therefore if any candidate is having Urdu examination certificate which has been recognised by the Rajasthan University or the Board as equivalent to Higher Secondary or Pre-University he will be eligible for admission to 5 years BUMS course or Pre-Tib. Thus, the apprehension of' the petitioner that those who have passed Urdu Examination will not be eligible for admission even if equal status is conferred is illusory and not real. 3. Even in the Central Regulations preference has been given to those who are proficient in Arebic or Parsian as the same preference has been given in the State Regulations and the petitioner can have no grievance. It may be stated that the persons who are proficient in Arabian and Farsi have been given preference and even those who are knowing Urdu have been admitted. No doubt in the Central Regulations in clause 6 it has been provided that medium of instruction shall be Urdu, but if the Board constituted under the State Act framed State Regulations providing that the medium of instruction shall be Urdu, it can be said that medium of instruction can be Urdu. A contention has been raised by the learned counsel for the petitioner that the books are in Urdu and if anyone who wants to study, should have the knowledge of Urdu. Learned counsel for the petitioner does not dispute that some other books are in Hindi also. A contention has been raised by the learned counsel for the petitioner that the books are in Urdu and if anyone who wants to study, should have the knowledge of Urdu. Learned counsel for the petitioner does not dispute that some other books are in Hindi also. But merely because the medium of instructions has not been provided in Urdu, it cannot be said that the same should have been provided in Urdu. We have said earlier that even under clause 2 of the Central Regulations no such preference is being given to the candidates who have proficiency in Urdu, and only preference is being given to those who are proficient in Arabian and Parsian. We find that the State Regulations either whole or in part cannot be held to be invalid. 4. There can be hardly any dispute that even in the State Regulations it has been provided that the merit of the candidates shall be decided by holding a competitive examination. When the Regulations so provide a competitive examination must have been held but was not held. Mr. Pareek, learned counsel for the respondents gave out that henceforth the admissions shall be done after holding competitive examination. Because, admissions have already been granted, and students have been studying for about six months, we will not like to set aside the admissions, but henceforth the admissions to Pre-Tib course shall be done only after holding the competitive examination. 5. Coming to the argument of the learned counsel for the petitioner that capitation fee is being charged, we may refer to Anr. 17 dated April 27, 1988 that a sum of Rs. 13,365/- was asked to be deposited as fee. It was given out by Mr. Mehta (sic Mr. S.M. Ali) that in this amount also substantive amount by way of capitation fee is included. The fee for one year can be said to be about Rs. 1000/-. Perhaps to curb this practice the State Regulations were amended and now the admissions are given by the Board and not by the different colleges. Once admissions are being made by the Board, no question of charging of capitation fee arises. Even otherwise, the charging of capitation fee cannot be appreciated. We hereby hold that no capitation fee can be charged. 6. Consequently. Once admissions are being made by the Board, no question of charging of capitation fee arises. Even otherwise, the charging of capitation fee cannot be appreciated. We hereby hold that no capitation fee can be charged. 6. Consequently. this writ petition has no merit except to the extent that from the next session the admissions to the Pre-Tib course shall be made by holding competitive examination. With these observations the writ petition is dismissed.Petition dismissed. *******