JUDGMENT K.C. Agarwal, J.
1. The competitive Pre-Medical Test of 1985 was conducted by the Gorakhpur University, Gorakhpur to select candidates for admission to M.B.B.S. Course, B.D.S. course, B.H.M.S. course, B.A.M.S. course and B.U.M.S. course.
2. B.A.M.S. course entitles a candidate for admission in the Ayurvedic Colleges, the details of which are mentioned in l(iv) to the General Instructions, B.U.M.S. course is in Unani.
3. For appearing in M.B.N.S., B.D.S. and B.H.M.S., the applicants must have the following course group - of qualifying examination (with Physics, Chemistry and Biology).
4. For B.A.M.S. applicants must have passed intermediate Examination of U. P. Board or other equivalent examination in the subject of Sanskrit whereas candidates for B.U.M.S. must have passed Urdu/Arabic/Persian in High School or any other equivalent examination.
5. The petitioner appeared in the C.P.M.T. for B.A.M.S. Course. He received a letter from the Lal Bahadur Shastri Smarak Rajkiya Ayurved Maha Vidyalaya, Handia, Allahabad for admission in B.A.M.S. On contacting the office, the petitioner was told that since he did not have Sanskrit in Intermediate, he was not. qualified to be admitted in B.A.M.S. course. The petitioner had come to this Court against the refusal to admit him on the aforesaid ground.
6. Learned counsel urged that for being admitted in B.A.M.S., Sanskrit was required only by the candidates who have passed an examination which is equivalent to Intermediate, interpreting the words "applicants for B.A.M.S. must have passed Intermediate examination of U. P. Board or another equivalent examination in the subject of Sanskrit..." the learned counsel urged that Sanskrit is necessary as one of the subjects only for another equivalent examination and not for the one who has passed the intermediate Examination of the U. P. Board. The submission made does not appeal to us. Requirement of having passed in the subject of Sanskrit appears to us to be common to both i.e. Intermediate examination of the U. P. Board or equivalent examination. It is not possible to read the words "in the subject of Sanskrit" as being applicable only to another equivalent examination. This requirement is meant for both the examinations and is not to be confined to equivalent examination. From the calendar of Uttar Pradesh Board, we find that even the Scientific group has been divided into two which are Group I and Group II. Below Group II what is written is Ayurvedic and Unani. Sanskrit is one of the subjects . which is taught to the students of this course. This is so with regard to the students who have passed Intermediate in Science. Even those who have done Intermediate in Arts and have Sanskrit as one of the subjects are also qualified for admission in B.A.M.S. course. It is matter of common knowledge that the literature of Ayurvedic is available in Sanskrit. One can reasonably hold that a candidate who has not read Sanskrit cannot understand and read the subjects which are taught in B.A.M.S.
7. Similarly for admission in B.U.M.S., the applicants are required to have offered Urdu/Arabic/Persian in High School or any other equivalent examination. This is necessary as Unani course cannot be successfully done till one of these subjects are there.
8. Counsel for the petitioner also urged that as a letter to admit him in B.A.M.S. course had been issued to him, the respondents are estopped from denying admission to him. We do not agree with this submission, inasmuch as since the petitioner did not possess essential qualifications required for admission in B.A.M.S., admission could be denied. The condition precedent for admitting him was that he must have passed Intermediate Examination of the U. P. Board or equivalent examination in Sanskrit. This is the requirement of law. There is no estoppel against law. The argument fails.
9. For what we have said above, we do not agree with the submission of the petitioners' learned counsel that having passed Intermediate in Science, the petitioner was entitled to be admitted in B.A.M.S. irrespective of the fact that he has Sanskrit as one of his subjects.
10. In the result, the writ petition fails and is dismissed. No order as to costs.