JUDGMENT 1. - We will dispose of the above numbered three Special Appeals and one Writ Petition by this common order as common question arises for determination in each of the aforesaid cases. 2. The principal question to be examined in each of the aforesaid cases is about the legibility of a candidate for admission to various Ayurvedic Colleges in Rajasthan and it will be proper to set out the question which is to be examined and it is asunder: "Whether the eligibility of a candidate for admission in National Institute of Ayurveda and other Institutions is required to be as per the Regulations of Central Council of Medicines (Minimum Standards of Education in Indian Medicine) Regulations, 1986, as amended by the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amended Regulations, 1989 (for short the Regulations) or as per Ordinance 329-N-19 (d) of the Ordinances framed by the University of Rajasthan (for short, O-329-N-19)?." There is a faculty of Ayurveda in the University of Rajasthan and it is under chapter XXXIX of Hand-Book of the University of Rajasthan Part-II Volume-II 1985 Edition. The Syndicate has approved the various amendments in Ordinances, Regulations and Rules of University Hand-book Part-II at its meeting held on December 27, 1990 and February 25, 1991. Before the amendments as aforesaid, O-329-N-3 prescribed the qualifications for a candidate to be eligible for apearing in Pre-Ayurbedic examinations, as under : "O. 329-N-3(1) - A candidate who has passed Uttar Madhyama Examination of Sampuranand Sanskrit Vishwavidyalaya, Varanasi, or Higher Secondary (with Sanskrit) Upadhyaya Exam. of the Board of Secondary Education, Rajasthan, Ajmer or Pre-University Examination (with Sanskrit) of this University or an examination recognised by the University as equivalent thereto shall be eligible for admission to Pre-Ayurveda course. (2) Admission to Pre-Ayurveda Course shall be made in order of merit on the basis of uniform test. of the Board of Secondary Education, Rajasthan, Ajmer or Pre-University Examination (with Sanskrit) of this University or an examination recognised by the University as equivalent thereto shall be eligible for admission to Pre-Ayurveda course. (2) Admission to Pre-Ayurveda Course shall be made in order of merit on the basis of uniform test. (3) A candidate who after having been admitted to the Pre-Ayurveda course as per above rules, has studied in an affiliated college for one academic year shall be eligible to appear at the Pre-Ayurveda Examination." After the approval of the Syndicate as aforesaid in its meeting held on December 27, 1990 and February 25, 1991, O-329-N-19 (a) to (n) were introduced, and, so far as eligibility of a candidate for admission to the Ayurveda course is concerned, O-329-N-(d) is relevant which reads as under : "O-329-N-(d): (1) A candidate who has passed any one of the following examinations shall be eligible for admission to the First Ayurvedacharya class : (i) Pre Ayurveda Examination of the University. (ii) Senior Higher Secondary Examination in Science (Biology) or with Sanskrit as an optional subject or senior Upadhyaya Examination (with English) of the Board of Secondary Education, Rajasthan, or an examination recognised by the University as equivalent thereto. (2) Admission of candidates other than those who have passed Pre-Ayurveda Examination of the University to the First Ayurvedacharya class shall be made in order of merit on the basis of Pre-Ayurveda Test conducted in accordance with the Scheme of examination and syllabus laid down by the University. (3) A candidate shall not be admitted to the First Ayurvedacharya class unless he has attained the minimum age of 17 years on or before October 1st of the year in which he seeks admission." The Indian Medicine Central Council Act, 1970 (for short, the Act) was made by the Central Legislature and a reading of statements of objects and reasons of that Act will show that the question of establishing of a statutory composite Central Council for Indian Systems of Medicines (Ayurveda, Siddha and Unani) and Homoeopathic system of medicine, on the analogy of Medical Council of India, had been under consideration of the Government of India for some time past. The minimum standards for admission, duration of courses of training, details of curricula and syllabi of studies and the title of the degree or diploma vary from State to State and even from Institution to Institution in the same State. Committees were appointed by the Government of India to consider the problems relating to the Indian system of medicine and Homeopathy and the committees have recommended that a statutory Central Council on the lines of the Medical Council of India for modern system of medicine is a pre-requisite for the proper development of these systems of medicine. The Central council of Health at its 13th meeting held in June, 1966 while discussing the policy on Ayurvedic education, recommended the setting up of a Central Council for Indian System of Medicine to lay down and regulate standards of education and examinations, qualifications and practice in these systems. The main functions of the Central Council was to evolve uniform standards of education in and registration of the practitioners of these systems of Indian Medicine and Homeopathy. To achieve the aforesaid objects a Bill was introduce and the Act was made by the Central legislature. It will appear from a perusal of the scheme of the Act that one of the functions of the Central Council established under Section 3 of the Act is to lay down standards for admission in the Ayurvedic colleges. The council constituted under section 3 of the Act is on the analogy of the Medical Council of India established under the Medical Council Act, 1956. The Central Council has to be the apex body for laying down the standards for admission to various Ayurvedic Colleges as shall as courses and periods of study and of practical training to be undertaken the subjects of examination and the standards of proficiency therein to be obtained in any University, Board or Medical Institutions for t of recognised medical qualifications and it could only be done by making regulations under the powers conferred on the Central Council by Section 36 of the Act with the previous sanction of the Central Government. The law is settled that the Central Council by making Regulations under Section 36 of the Act lays down the minimum standards for admission to various Ayurvedic colleges and the eligibility for admission can only be as per the minimum standards prescribed and any candidate not possessing the minimum standards of education or eligibility cannot be held eligible for admission to the various Ayurvedic Colleges. The Apex Court in the case of State of M. P. and another v. Kumari Nivedita Jain and others, AIR 1981 SC 2045 , was examining the provisions of the Medical Council Act, 4956. The court referred to the case of State of Kerala v. Kumar T. P. Roshana, (1979) 2 SCR 974 : AIR 1979 SC 765 , and quoted the following observations at page 984 of SCR and at page 771 of AIR : "The Indian Medical Council Act, 1956 has constituted the Medical Council of India as an expert body to control the minimum standards of Medical education and to regulate their observance. Obviously, this high-powered Council has power to prescribe the minimum standards of medical education. It has implicit power to supervise the qualifications or eligibility standards for admission into medical institutions. Thus, there is no overall invigilation by the medical Council to prevent sub-standard entrance qualifications in medical courses". The Apex Court analysed the various Sections of the medical Council Act, 1956 and said that the main purpose of the Act is to establish Medical Council of India and the main function of the Council is to maintain the proper medical standards in medical colleges or institutions necessary for obtaining recognised medical qualifications. The Court said that it,is open to the council to lay down the minimum education as qualifications required of a student who may seek admission into a medical college. In para 18 of the judgment, the Court said:- "In other words, the eligibility of a candidate who may seek to get admitted into a medical college for obtaining recognised medical qualifications may be prescribed by the Council. All the candidates who are eligible for admission into Medical Colleges or Institutions for getting themselves qualified as medical practitioners are entitled to seek admission into a Medical College or Institution. All the candidates who are eligible for admission into Medical Colleges or Institutions for getting themselves qualified as medical practitioners are entitled to seek admission into a Medical College or Institution. As to how the selection has to be made out of the eligible candidates for admission into the Medical College is a matter which has necessarily to depend on circumstances and conditions prevailing in particular States". The Apex court then considered the relevant Regulations and so far as the legibility of a candidate for admission is concerned, i.e. he must have passed the examinations mentioned in Regulation-I, it was held that it was mandatory, but so far as regulation-II in so far as process of selection is concerned, it was held to be directory. The Court said:- "Regulation I prescribes the eligibility of a candidate for admission to medical courses. For maintaining proper standards in medical colleges and institutions it comes within the competence of the Council to prescribe the necessary qualification of the candidates who may seek admission into the Medical Colleges." The court said that the Regulations are within the competence of the Council and mandatory. The aforesaid case applies on all fours to the present case. It has already been said in the earlier part of this order that the Central Council has been constituted under Section 3 of the Act on the lines of Medical Council of India and has been given power by virtue of Section 36 to frame Regulations laying down the eligibility for admission to various Ayurvedic Colleges throughout India including the State of Rajasthan. 3. A look at the Regulations will show that it lays down the qualifications for admission. It reads as under : "2. Admission Qualification : (i) 12th standard with Science (Physics, Chemistry and Biology) and Sanskrit. Wherever provision and facilities for teaching Sanskrit as optional subject are not available at 12th Standard (Biology) (Science Group) the students with 12th Standards (Biology Science Group) be admitted and Sanskrit be taught in main course; or Uttar Madhyama of Sampurnanand Sanskrit Vishwavidyalaya with Science and English; or Any other equivalent qualification recognised by State Governments and State Education Boards concerned with the examination. (II) The Pre-Ayurved Course of one year duration in respect of Uttar Madhyama or Higher Secondary/PUC preferably with Sanskrit or an examination equivalent thereto and Pre-Ayurved course of two years duration in respect of Purva Madhyama of S.S.I.C./Matriculation preferably with Sanskrit or an examination equivalent thereto, however, will continue till 1990 if the State Govts. or University so desires". A bare reading of the aforesaid extracted Regulation-II will show that if eligibility for admission is 12th standard with Science (Physics, Chemistry and Biology) and Sanskrit and there may be some institutions where there may not be facility for teaching Sanskrit as optional subject at 12th Standard Science (Biology), then 12th Standard with Science (Biology) will be the minimum qualification for admission and Sanskrit can be taught in the main course. Even in the alternative qualification i.e. Uttar Madhyama of Sampurnanand Sanskrit Vishwavidyala also must have been acquired with Science and English. The emphasis therefore is that a candidate seeking admission to Ayurvedic Colleges must have passed 12th standard with Science Biology or its equivalent examination. So far as Sanskrit is concerned, it is also required to be the qualification but where the facility for teaching Sanskrit subject is not available, and one has passed 12th standard with Science (Biology), he may be admitted, but he will have to study Sanskrit in the main course. Thus, emphasis is on the Science (Biology) as the minimum qualification for admission to Ayurvedic College at the 12th Standard. It therefore by implication excludes any other qualification of 12th standard without Science (Biology). It was contended by Mr. Dalip Singh, learned counsel for the University of Rajasthan that in the third alternative qualification as per Regulation 2, which has been extracted in the earlier part of this order, even any other equivalent qualification recognised by the State Government and State Education Board concerned with the examination as been recognised as valid for admission to Ayurvedic Colleges and he contends that even 12th standard with Arts and Sanskrit is qualification which has been recognised as equivalent & in this connection he referred to Book-let of Examinations of containing the list of Examinations recognised by the University (corrected upto December 1991). He referred to regulation 44-B, moreso its clause (vi) under which Upadhyaya (with English) Examination of the Board of Secondary Education, Rajasthan, Ajmer, has been recongnised as equivalent to the Higher Secondary Examination of a recognised Board for the purpose of admission in the University. It is well known that the question with regard to equivalence of educational qualification is a technical question based on proper assessments and evaluation of the relevant academic standards and practical attainments of such qualifications and where the decision of the Government is based on the recommendation of an expert body which possesses the requisite knowledge, skill and expertise for adequately discharging such a function, the court, uniformed of relevant data and unaided by the technical insights necessary for the purpose of determining equivalence would not lightly disturb the decision of the Government. In the case of Mohd. Shujat Ali v. Union of India, AIR 1974 SC 1631 , the Apex Court dealt with the matter and said that it is only when the decision of the Government is shown to be based on extraneous or irrelevant considerations or actuated by malafides or irrational and perverse or manifestly wrong that the court would reach out its lethal arm and strike down the decision of the Government. It has already been said that the regulations were amended only on July 1, 1989 and neither any material has been placed before the court nor it has been urged that after the aforesaid amendment of the regulations, it was ever considered that the Higher Secondary Examination only with Sanskrit as an optional subject or Senior Upadhyaya Examination (with English ) Board of Secondary Education, Rajasthan, could be alternative qualification, a candidate possessing the aforesaid qualification could be eligible for admission to the Pre-Ayurvedic test. That apart, any other examination recognised as equivalent qualification, must have been passed with Science (Biology) because, as said earlier, the Central Council has laid down the minimum standards for the candidates seeking admission which is 12th standard with Science (Biology) and no other examination without Science (Biology) should have been granted equivalent status to the aforesaid examination. That apart, any other examination recognised as equivalent qualification, must have been passed with Science (Biology) because, as said earlier, the Central Council has laid down the minimum standards for the candidates seeking admission which is 12th standard with Science (Biology) and no other examination without Science (Biology) should have been granted equivalent status to the aforesaid examination. The various alternative eligibility qualifications in Regulation 2 framed by the Central Council, to which reference has already been made in the earlier part of this order are to be read in the context in which they have been laid down and as said earlier, if we read even the third alternative qualification i. e. 'any other equivalent qualification recognised by State Governments and State Education Boards concerned with the Examination' in our opinion only such an examination which is passed with Science (Biology) could be granted equivalent status to the 12th standard with Science (Biology). We have already made a reference to the amendments in the Ordinance/ Regulations and Rules of the University Hand-Book Part-II which were made by the Syndicate in its meeting held on December 27, 1990 and February 25, 1991.O.329-N-19(d) was introduced by the said amendment which has already been extracted in the earlier part of this order. Under O-329-N-2 the duration of the course of University was (a) Pre-Ayurvedic Course-1 year, (b) Main course-5 years, (c) Internship-6 months. The degree to be awarded after successful completion of the course is Ayurvedacharya (BAMS). Under O-329-N-3, candidate who has passed Uttar Madhyama Examination of Sampurnanand Sanskrit Vishwavidyalaya, Varanasi, or Higher Secondary (with Sanskrit/Upadhyaya Exam. of the Board of Secondary Education Rajasthan, Ajmer or the Pre-University Examination (with Sanskrit) of the University of Rajasthan or an examination recognised by the University as equivalent thereto shall be eligible for admission to Pre-Ayurveda course. The admission in the said course was to be in order of merit on the basis of uniform test, and only a candidate who after having been admitted to the Pre-Ayurveda Course as per above rules, has studied in an affiliated college for one academic year was eligible to appear at the Pre-Ayureda Examination. The scheme of Pre-Ayurvedic Examinations given in R.43 D and is available as page 617 of the University Hand-Book Part-II, 1985 Edition. The scheme of Pre-Ayurvedic Examinations given in R.43 D and is available as page 617 of the University Hand-Book Part-II, 1985 Edition. It will therefore be clear that because of Regulation made by the Central Council was amended from July 1, 1989, the minimum standard for admission to various Ayurvedic colleges have been laid down so far as eligibility is concerned providing that only such a candidate who has passed 12th standard with Science (Biology) and Sanskrit or the other two alternative qualifications referred to above also with Science and English alone should be eligible for admission to various Ayurvedic Colleges. It appears from Regulation-2 which has been extracted in the earlier part of this order and more so from its para (ii) that Pre-Ayurved course of one year duration in respect of Uttar Madhyama or Higher Secondary/PUC preferably with Sanskrit or an examination equivalent thereto and Pre-Ayurved course of two years duration in respect of Purvamadhyama of SSIC/Matriculation preferably with Sanskrit or an examination equivalent thereto, however will continue till 1990 if the State Government or University so desires. Therefore, so far as Pre-Ayurveda course of one year duration, or the above referred to two qualifications without Science (Biology) were to continue till 1990 if the State Government or the University so desires, but in no case they could continue beyond 1990 even if the University or the State Government so desired. In other words, after 1990, neither Pre-Ayurved course of one year duration in respect of Uttar Madhyuama or Higher Secondary/PUC preferably with Sanskrit or an examination equivalent thereto and Pre-Ayurveda course of two years duration in respect of Purvamadhyama of SSIC/Matriculation preferably with Sanskrit or an examination equivalent thereto, could not make a candidate eligible for admission to any of the Ayurvedic Colleges. 4. We may state that when the case came up before us on April 8, 1992, we had made it clear to the learned counsel for the University that we will examine the validity of O.329-N.19 which had been made by the Syndicate in its meeting held on December 27, 1990 & February 25, 1991 & a specific order to this effect was made in the order sheet of that date. We also heard learned counsel for the parties in so far as legality and validity of the aforesaid Ordinance of the University is concerned. We also heard learned counsel for the parties in so far as legality and validity of the aforesaid Ordinance of the University is concerned. Entry 25 of list-III (Concurrent List) of the 7th Schedule to the Constitution is "education including technical education, medical education and Universities subject to the provisions of entries 63,64,65 and 66 of List-I, vocational and ' technical training of labour". The aforesaid list is wide enough to include in its ambit the question of laying down the minimum standards or eligibility of admission to various medical and Ayurvedic Colleges. Therefore, Regulations which were framed with the approval of the Central Government in exercise of the powers under Section 36 of the Act by the Central Council have the force of law and will override the provisions of Ordinance framed by the University and if anything is contrary to the Regulations in the Ordinance, it will be invalid. 5. A reference to Regulation-2 has already been made in the earlier part of this order, rather the whole of it has been extracted and as said earlier, there can be no doubt that the Central Council is the Apex Body for laying down the minimum standards for admission to various Ayurvedic colleges and we have also said that under the relevant regulations one must have Science (Biology) in 12th standard or Uttar Madhyama of Sampurnanand Sanskrit Vishwavidyalaya with Science and English or any other equivalent qualification recognised by the State Governments and State Education Boards concerned with the examination and the equivalent' qualifications can only be with Science (Biology), anything contrary to it contained in O.329-N. 19 which as said earlier was introduced by the Syndicate in its meeting held on December 27, 1990 and February 25, 1991, will be illegal, and to that extent it is against the eligibility criteria contained in the regulation. It will be seen from a reading of O.329-N.19(d) which too has been extracted in the earlier part of this order that an attempt has been made to bring it in conformity with regulation-2 which has been framed by the Central council referred to earlier, but the regulation has only made one having passed Pre-Ayurvedic course of one year duration eligible for admission to Ayurvedic colleges till 1990 and not thereafter. Therefore, the O.329-N. 19(d) could not provide and could not have made eligible any candidate for admission, who has passed Pre-Ayurveda examination of University after 1990. Similarly, in so far as O.329-N. 19(d) (ii) as far as it makes a candidate who has passed Senior Higher Secondary Examination in Science (Biology) or with Sanskrit as an optional subject or Senior Upadhyaya Examination (with English) of the Board of Secondary Education, Rajasthan, or an examination recognised by the University as equivalent thereto, is concerned, being contrary to regulation-2 of the Regulations framed by the Central Council is also illegal. It was contended by Mr. Dalip Singh, learned counsel for University of Rajasthan that the regulations have been framed and amended not under Section 36 (k), of the Act, but under clauses (i) and (j) of Section 36 of the Act and therefore, it cannot be said that the Central Council has framed regulations in exercise of the powers conferred on it under clause (k) of Section 36 of the Act. It will be seen from a bare reading of clauses (i) and (j) and (k) of section 36 that the Central Council can provide the courses and period of study and of practical training to be undertaken, the subjects of examination, and the standards of proficiency therein to be obtained in any University, Board or medical institutions for grant of recognised medical qualifications; the standards of staff, equipment, accommodation, training and other facilities for education in Indian Medicine; the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations. It will also be seen that under Section 36 the power is vested to make regulations generally to carry out the purposes of the Act and all that has been provided is that without prejudice to the generality of this power, such regulations may provide as mentioned in various clauses. Chapter III of the Act is in respect of recognition of medical qualifications. Under Section 22 (1) of the Act the Central Council may prescribe the minimum standard of education in Indian medicine, required for granting recognised medical qualifications by Universities, Boards or Medical Institutions in India. As said earlier, under Section 36(k) it has power to make regulations with the previous sanction of the Central Government laying down the conditions of admission to various professional examinations. As said earlier, under Section 36(k) it has power to make regulations with the previous sanction of the Central Government laying down the conditions of admission to various professional examinations. Admissions to various Ayurvedic colleges is therefore covered under the aforesaid power.. Merely because while framing regulations or amending the same w.e.f. July 1, 1989, a reference has also been made to clause (i) and (j) and not (k), to our mind, it will not make any difference because general power to make regulation to carry out the purposes of the Act is there and a specific power is also there under clause (k) and merely because clause (k) of Section 36 has not been referred, it will not make any difference so far as power to make regulation is concerned. 6. We are, therefore, of the view that the Central Council has laid down the minimum standards under the Indian Medicine (Minimum Standards of Education of Indian Medicine) Regulations & this is no power in the University, or for that matter, in the Government to lay down lower standard, though higher standard may be laid down. Therefore, the minimum standard of education of Indian Medicine for admission to various colleges has to be possessed by each of the candidates before he can be admitted to any college. 7. We, therefore, hold that the following part of O.329-N. 19(d) is not legal being contrary to the Regulations framed by the Central Council in so far as admission to various Ayurvedic colleges after 1990, is concerned : "1. (i) Pre-Ayurveda Examination of the University. (ii) Senior Higher Secondary Examination, other than Science (Biology) or with Sanskrit as an optional subject or Senior Upadhyaya Examination (with English) of the Board of Secondary Education, Rajasthan, or an examination recognised by the University as equivalent thereto." So far as any other examination recognised by the University is concerned, it must be equivalent to Senior Higher Secondary Examination with Science (Biology) with or without Sanskrit can be taught in the main course. 8. The University of Rajasthan, Jaipur, published an information book let for Pre-Ayurveda Test (PAT) 1991. The last date of receipt of the forms was September 27, 1991. 8. The University of Rajasthan, Jaipur, published an information book let for Pre-Ayurveda Test (PAT) 1991. The last date of receipt of the forms was September 27, 1991. Under it in all 280 seats were advertised in the five Ayurveda colleges, which is as under : Name of Institute Number of Seats (i) National Institute of Ayurveda, Jaipur 60 (ii) Madan Mohan Malviya Government Ayurvedic College, Udaipur 60 (iii) Shri Parashuram Puriya Rajasthan Ayurvedic College, Sikar. 60 (iv) Shri Bhanwarlal Dugad Ayurvedic Vishwabharati Sardarshar. 50 (v) Shri Mohta Ayurvedic College, Sadulpur, Churu. 50 The candidates appeared in various centers mentioned in the aforesaid information booklet. In the information booklet it was mentioned:- "There will be only two papers in Science/Sanskrit for each candidate for the test. Candidates who have passed 10+2 examination with Sanskrit or an equivalent examination will appear in Sanskrit subject only and candidates who have passed 10+2 examination with Science (Biology) or an equivalent examination will appear only in Science subjects and such candidates who have passed 10+2 examination or an equivalent examination with Science & Sanskrit both will have the option to appear either in Science or in Sanskrit subject (i.e. only in one subject). Candidates must specify the choice clearly in Application form". The selected candidates were to be admitted to the first part of the 51/2 year course of Ayurvedacharya (Bachelor of Ayurvedic Medicines and Surgery) of the University of Rajasthan. So far as eligibility is concerned, relevant part of clause 3 of the information booklet is as under : "3. Eligibility : (a) A candidate must be a citizen of India, (b) Senior Higher Secondary Examination in Science (Biology) or with Sanskrit as an optional subject or Senior Upadhyaya Examination (with English) of the Board of Secondary Education, Rajasthan or an examination recognised by the University as equivalent thereto. (The Senior Higher Secondary Examination conducted by all the Statutory Indian Board of Secondary Education is recognised for the purpose of admission to the Higher course of study in the University of Rajasthan.") A Pre-ayurveda Test (PAT) was held on November 10, 1991. The result was to be declared and before the declaration of the result some of the writ petitions as were filed were disposed of by the learned Single Judge. In the first of those cases, namely in the case of Harish Kumar and ors. The result was to be declared and before the declaration of the result some of the writ petitions as were filed were disposed of by the learned Single Judge. In the first of those cases, namely in the case of Harish Kumar and ors. v. University of Rajasthan & others, S. B. Civil Writ Petition No. 6227/1991 decided on February 19, 1992 , held that merely because the student having Sanskrit as their subjects have also been allowed by the University of Rajasthan, cannot lead to conclusion that the examination already conducted should be declared as illegal. The court further held that for the purposes or Pre-Ayurveda test, the petitioners in that case, Harish Kumar and others, will be given benefit, if they are successful in their result otherwise no relief can be given to them for the reasons given in the judgment. Later on other writ petitions are filed, out of which present special appeals have arisen and the learned Single Judge placing reliance on his earlier decision in the case of Harish Kumar (supra) dismissed the writ petition. We are of the opinion that the view taken by the learned Single Judge does not appeal to us and it is not the correct view. Learned Single Judge should have examined the eligibility question and should have decided as to whether such of the candidates who passed 10+2 with Arts with Sanskrit and not with Science (Biology) were also eligible to appear in the P. A. T. or not?. Be that as it may, we have examined the eligibility question and we have held that clause G) and a part of clause (ii) of O-329-N-19 (d) is not in accordance with law being contrary to the Regulations and the same are therefore in our opinion not enforceable and the admissions must have been given to such of the candidates who had passed 10+2 with Science (Biology) with or without Sanskrit or had passed Uttar Madhyama of Sampurnanand Sanskrit Viswavidyalaya with Science and English, or any other equivalent qualification with Science (Biology) with or without Sanskrit recognised by the State Government or State Education Board concerned with the examination. 9. The question is as to what relief should be granted in this case, whether we should strike down the aforesaid part of O-329-N-19 (d) retrospectively or prospectively?. 9. The question is as to what relief should be granted in this case, whether we should strike down the aforesaid part of O-329-N-19 (d) retrospectively or prospectively?. Admissions after filing of the writ petitions and during the pendency of the writ petitions before the learned Single Judge have been given on the basis of merit list prepared and those candidates have not been arrayed as respondents in the writ petition. They must have studied for a few months after admission and in our opinion it will not be proper to hold their admissions illegal and quash the same. Therefore, what we propose to do is that for the remaining vacancies, and there are vacancies remaining, a fresh merit list in accordance with the eligibility criteria laid down in regulation-2 of the Regulations framed by the Central Council shall be prepared and admissions shall be given in accordance with the merit list to the eligible candidates. But we will not quash the admissions already given. But in future in P. A. T. The eligibility criteria shall be as laid down in Regulation-2 and as per the observations made in this order. 10. Consequently, we partly allow these special appeals and writ petition, set aside the impugned orders of the learned Single Judge dated February 19, 1992 and February 28, 1992 and hold that regulation-2 of the Indian Medicine (Minimum Standards of Education of Indian Medicine) Regulations as amended w.e.f. July 1, 1989 is mandatory in so far as it lays down the eligibility for admission to various Ayurvedic colleges in Rajasthan also. Para 1 (i) of O-329-N-19 (d) is struck down. Similarly, a part of the Para 1(ii)of the aforesaid O-329-N-19(d) in so far as it makes eligible for admission to Ayurvedic college a person who possesses Senior Higher Secondary Examination with Sanskrit as an optional subject or Senior Upadhyaya Examination (with English) of the Board of Secondary Education, Rajasthan, or an examination recognised by the University as equivalent thereto without Science (Biolpgy) is held to be illegal and is struck down being contrary to the aforesaid mandatory provision of the Regulations. In future the admissions to P.A.T. shall only be made as per the eligibility criteria laid down in the Regulations and not in accordance with O-329-N-19(d) in so far as it is contrary to the aforesaid Regulations. In future the admissions to P.A.T. shall only be made as per the eligibility criteria laid down in the Regulations and not in accordance with O-329-N-19(d) in so far as it is contrary to the aforesaid Regulations. For the reasons stated earlier, we do not quash the admissions of the candidates already made as a result of PAT, but we direct the respondents to prepare a fresh merit list of the candidates other than those who have already been admitted, in accordance with the eligibility criteria prescribed in regulation-2 framed by the Central Council and to give admissions to the remaining Seats to the candidates in order of their merit in any of the five colleges. This exercise should be completed as soon as possible but in no case later than 15 days. Costs made easy.Special appeals and writ petition partly allowed. *******