Case BriefsSupreme Court

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., held that the permission granted to start Post Graduate course for the upcoming academic year after removal of deficiency cannot efface the deficiencies that were found in the previous academic year. Holding the impugned concurrent findings of the Courts below per incuriam, i.e. being passed in complete disregard of relevant judicial precedent, the Bench remarked,

“We are at pains to say that though the judgment in the case of Ayurved Shastra Seva Mandal (supra) was specifically relied on by the appellant herein, the learned Single Judge and the Division Bench of the High Court of Karnataka have chosen to rely on the earlier judgments of the Division Bench of the same High Court rather than a judgment of this Court.”

The Karnataka Ayurveda Medical College (respondent) had applied to the Central Council for Indian Medicine (appellant) for permission to start Post Graduate course for the academic year 2014-15. The appellant granted permission to start five new Post Graduate Ayurvedic disciplines with five seats each in accordance with the then prevalent Indian Medicine Central Council (Post-Graduate Ayurveda Education) Regulations, 2012 which was superseded by the Regulations, 2016.

Consequently, the central government directed the appellant to inspect the facilities available with the respondent in accordance with the relevant Regulations and submit its recommendations and the inspection report to it. The appellant inspected the facilities available with the respondent and pointed out certain deficiencies. Accordingly, a notice was issued to the respondent by central government and after hearing the respondent the central government rejected permission to admit students to the Post Graduate courses for the academic year 2018-19 on the ground of non availability of Central Research Laboratory and Animal House as mandated by the Regulations, 2016.

Findings of the High Court

Aggrieved by the aforesaid decision of the central government, the respondent approached the Karnataka High Court; however in the interregnum, the central government granted permission to admit students for the Post Graduate Course for the academic year 2019-20. Consequently, the High Court, while relying on the decisions of the Division Bench of Karnataka High Court in Bahubali Vidyapeeths JV Mandal Gramin Ayurvedic Medical College v. Union of India, 2019 SCC OnLine Kar 3537 and Central Council of Indian Medicine v. Union of India, 2011 SCC OnLine Kar 1389, wherein it was held that if the permission was granted for the subsequent years, the benefit should enure in respect of the previous year also, allowed the said writ petition.

Issue before the Court

The appellant submitted that merely because for the subsequent academic year, the requirements were fulfilled, it could not efface the deficiencies that were found in the previous academic year since the minimum standards, as required, are to be fulfilled for the particular academic year and in the event, such minimum standards are not fulfilled, the institution would not be entitled for permission for the relevant academic year.  Hence, the appellant argued that the view taken by the High Court did not lay down a correct proposition of law.

Analysis and Findings

Chapter IIA containing Sections 13A to 13C by the Indian Medicine Central Council (Amendment) Act, 2003, which deals with “Permission for new Medical College, Course, etc.” lays downs that no medical college can open a new or higher course of study or training, including a postgraduate course, except with the previous permission of the Central Government. Similarly, Regulation 3(1)(a) of the 2016 Regulations specifically provides that the Ayurveda colleges established under Section 13A and existing under Section 13C and their attached hospitals shall fulfill the requirements of minimum standard for infrastructure and teaching and training facilities up to 31st December of every year for consideration of grant of permissions for undertaking admissions in the coming academic session.

Therefore, the Bench observed that if an institution is seeking grant of permission for undertaking admissions for the academic session 2022-23, it must fulfill the requirements of minimum standard as on 31st December 2021. Consequently, the Bench opined that the finding that the permission granted for a subsequent academic year would also enure to the benefit of earlier academic year though the said institution was not fulfilling the criteria of minimum standard was totally erroneous.

Reliance was placed by the Court on Ayurved Shastra Seva Mandal v. Union of India (2013) 16 SCC 696, wherein though the Court noted that a large number of students had applied for admission for the academic year 2011-12 with the leave of the Court, it was held that the privilege granted to the candidates could not be transformed into a right to be admitted in the course for which they had applied and the contention that since the deficiencies stood already removed and the permission was granted for the academic year 2012-13, the said permission should also be construed as having been granted for the academic year 2011-12, was rejected.

Hence, the Bench concluded that the High Court had grossly erred in not taking into consideration the scheme of the Act so also the judgment of the Supreme Court in the case of Ayurved Shastra Seva Mandal (supra). Accordingly, the impugned judgments and orders were quashed and set aside.

[Central Council for Indian Medicine v. Karnataka Ayurveda Medical College, 2022 SCC OnLine SC 437, decided on 11-04-2022]


*Judgment by: Justice B.R. Gavai


Appearance by:

For the Appellant: Aishwarya Bhati, ASG

For Union of India: Madhavi Divan, ASG

For the Respondent: Chinmay Deshpande, Advocate


Kamini Sharma, Editorial Assistant has put this report together

Op EdsOP. ED.

Every year, lakhs of law graduates and practicing lawyers dream of joining the judicial service to work for the Indian judiciary. To realize this dream, you must pass the Indian / State Judicial Service Exams, which are held every year in different states throughout the country. Because of increased competition and the abundance of learning resources, it is evident that judicial services aspirants often enroll in expert-led courses, study notes, and practice with quality mock tests. Although there is no thumb rule for this, numerous aspirants ace judicial services exams without coaching as well, but not without hard work, and dedication. We are not justifying the need for mentorship, but even the best athletes need a coach. Having said that, let us check out what candidates are required to do to crack the judicial services exams.

 


How to Prepare For Judicial Service Exam | The Topper’s Way


The preparation for the Judicial Services Examination requires a structured approach and a focused mind. Candidates should plan daily study sessions to cover the entire syllabus in a limited amount of time. To crack the judicial services exams on their first attempt, especially, fresh graduates must study for 10-12 hours a day and revise all sections of the prelims exams. A few hours should also be devoted to general knowledge, important verdicts, and newspaper reading. Although all toppers have their success stories, there are two things that are common among all — patience and determination.

 

 


When to start making notes


Judiciary students may fall into one of two categories: those who already know from college that they want to be a civil judge, or those who are still considering their options. For current students, 4th year is the best time to take your first step towards clearing the judicial services exam. This allows you enough time to make notes and go off-beat to learn major topics like Domestic Violence, CrPC, Mercantile Laws, IPC, Personal Laws, CPC, Evidence Act, Constitution etc. Preparing notes during this phase will help you with quick revision before the mains examination. When you decide, begin planning as soon as you can. Everyone’s timelines are different and can lead to success if executed well.

Quick tip – Write down everything you need to remember, the old-school way. Make sure you highlight the most important points. Remember to leave space for any additional notes.


The Prelims


Your preparation for prelims should ideally begin as you enroll in a law program. According to experts, revising Bare Acts is sufficient for prelim preparation. Anyway, Judicial Exams do require wholesome preparation, which includes Bare Acts and your notes (important for mains as well). Additionally, covering sections and explanations, current affairs are equally critical. Base your prelims preparation on previous year papers, as different states have different judicial services exam patterns.

Almost all state judicial services prelims exams cover GK and Language sections. GK can be mastered with monthly current affairs, and by making notes related to important judgements, current happenings in the field of law from newspapers. Again, YouTube channels and previous year papers should give you a clear idea of what & how much you need to know.

Quick tip – It is near impossible to remember all recent case laws for many subjects, so make a note of what is exam-worthy, and revise them.

Try to understand the Concept instead of remembering the Section number. Remembering the numbers won’t help you if you don’t understand the concept. Come back to the sections again and again until you see the concept clearly. Repeat as necessary. A lot of help comes from discussing the concept with your friends/colleagues, preparing for Judiciary Exams.


Preparing for the mains exam


Keeping targets and creating a timetable are the two most significant steps during the mains preparation. You should start your day early in the morning to study and to reach your daily and monthly milestones. You should also include leisure time in your daily schedule. Likewise, you should study GK when your brain is too tired to absorb anything of law.

Prepare or purchase concept-specific notes, and ensure that you mention at least one case law per topic. You should be very specific when writing descriptive answers. You should not exceed two pages for 20 marks questions. Your answers should be clear and concise.

You can always write the essentials of the provisions to increase the length and quality of the answer. For instance, for a generic question on Discharge of Contracts, instead of a detailed account, you can go for a graphical representation and conclude the concepts and Case Laws in 2-3 lines.

You add an edge to your answers if you reference laws other than those in the question. For instance, for a question based on IPC, you can give references to laws from CrPC or the Constitution too. For each question, you should provide a case law reference.

Answer all questions, even if you have to shorten individual answers. Finishing the whole paper is also of critical importance. It’s natural to start writing what we know first, but instead of that, approach the paper with a timeline in mind. Give a certain amount of time to all questions. This is a practice that aspirants should start building from day 1.

 


Acing the Interview


Interviews are primarily used to determine a candidate’s suitability for a judicial position. During an interview, the interview board assesses a candidate’s confidence, ability, and commitment. There are a variety of questions during the interview process. The questions asked had to do mostly with procedural laws, such as Penal Codes, their context / implementation, Domestic Violence Act, family background, general knowledge of their respective state, especially your hometown, and why you want to be a judge. Having already studied enough during your preparation in general, only revision is enough for interviews. Stay updated with General Knowledge and Current Affairs as well.

 


Course or No Course? It is your call.


Judicial services examinations are conducted by the respective state public service commissions in three phases: the preliminary examination, the main examination, and the interview. Applicants must qualify for all three stages to be considered for selection. Mock tests and online courses make sure that aspirants remain on the hunt till the end.

Students receive live practice sessions, study notes, and live mentorship via these courses. There are no language or location barriers when learning online. You can better understand the curriculum and pattern of the State Judicial Services Exams by taking these online courses and practice tests.

Course or no course, you will need to self-study. You can be proud of yourself if you ace the exam studying on your own. It can be done, but it asks for discipline and perseverance. Many aspirants who have achieved success on their own feel that they could have done this earlier if they had mentorship in any form. And finally, no one can deny the importance of mock tests. So to take one can be a smart choice to make. The bottom line is – “Avoid distractions, work harder, analyze your mistakes and weaknesses, learn from them, and success will follow”.

Prepare for your Justice Exams with Oliveboard’s online courses, practice tests, online/offline study materials, and notes that will help you succeed in the most efficient way possible.

 

Register Here to experience the courses and mock tests for the Judicial Services Exams on Oliveboard firsthand.