JUDGMENT : VIKAS BUDHWAR, J. 1. Heard Sri Onkar Nath, learned counsel for the writ petitioners, who are seven in number, Sri Gaurav Singh, learned Standing Counsel for the State and Sri F.A. Ansari, learned counsel for the Commission. 2. Since counter and rejoinder affidavits have been exchanged between the rival parties, they do not propose to file any further affidavit. 3. With the consent of the parties, the writ petition is being decided at the fresh stage. 4. The case of the writ petitioners is that an advertisement was published on 22.12.2025 for appointment of Medical Officers, on the post of Medical Officer, Ayurved and Medical Officer Community Health (Ayurved and Unani) being Advertisement No. D-6/E-1/2025 dated 22.12.2025. The last date of submission of application form was mentioned as 22-1-2026. The writ petitioner nos. 1 to 5 claim to have passed their B.A.M.S. Examination in the year 2024 from Kalawati Ayurvedic Medical College & Research Centre & Hospital, Gorha, Kasganj which is affiliated to Dr. B.R. Ambedkar University, whereas the writ petitioner nos. 6 and 7 cleared their B.A.M.S. Examination in the year 2024 from Jeevan Jyoti Ayurvedic Medical College & Hospital, Aligarh affiliated to Dr. Bhim Rao Ambedkar University, Agra. The writ petitioner nos. 1 to 4 claim to have completed their six months allopathic internship from District Hospital Etah / Veerangana Avantibai Lodhi Autonomous State Medical College, Etah. The writ petitioner no.5 claims to have completed her six months Ayurvedic Internship from Kalawati Ayurvedic Medical College & Research Centre & Hospital, Kasganj which is affiliated to Dr. Bhim Rao Ambedkar University, Agra and writ petitioner no.6 from District Hospital Aligarh, followed by writ petitioner no.7 Jeevan Jyoti Ayurvedic Medical College & Hospital, Aligarh. The writ petitioner nos. 1 to 5 claim to have got themselves registered as doctor from the Board of Ayurvedic and Unani Tibbi Systems of Medicine U.P. at Lucknow on 27.01.2025 and petitioner Nos. 6 and 7 on 30.01.2025. According to the writ petitioners, though the last date of submission of the application form was 22.01.2026, but since one year internship of the petitioner would be completed 28.02.2026, thus the respondents be directed to accept the application form of the writ petitioners beyond the cut-off date. 5. This Court entertained the writ petition on 03.02.2026 while seeking response. 6. According to the writ petitioners, though the last date of submission of the application form was 22.01.2026, but since one year internship of the petitioner would be completed 28.02.2026, thus the respondents be directed to accept the application form of the writ petitioners beyond the cut-off date. 5. This Court entertained the writ petition on 03.02.2026 while seeking response. 6. Counter affidavit has been filed on behalf of the Commission sworn by Deputy Secretary dated 16.02.2026 to which a rejoinder affidavit has been filed. 7. Learned counsel for the writ petitioner has submitted that the writ petitioner is entitled to be accorded the benefit of extension of the date for submission of application form from 22.01.2026 to 28.02.2026, particularly when a provisional registration certificate came to be issued under Section 28 of the Central Council of Indian Medicine Act, 1970 of B.A.M.S. having registration dated on 27.01.2025, thus merely because on account of the fact that Pandemic relating to CORONA was there, the session got delayed and the examination were postponed and deferred and once provisional certificate came to be issued, then the writ petitioners are entitled to be treated to be qualified and merely because their internship is to be completed by 28.02.2026, the same would not be a ground to forestall their claim for participating for the selection on the said post in that regard. 8. 8. Sri Ansari, who appears for the Commission on the strength of the averments made in the counter affidavit has submitted that there happens to be the Rules by the name of Uttar Pradesh State Medical (Ayurvedic and Unani) Service Rules, 1990 providing for the qualification for the post of Chikista Adhikari (Ayurved) and Medical Officer Community Health (Ayurved and Unani) (Group A and Group B) Service Rules 2003, according to which a degree in Ayurveda of University established by law of India for five years degree or diploma in Ayurvedic of Board of Indian Medical Uttar Pradesh for Chikitsa Adhikari (Ayurved) and a degree in Ayurveda or Unani Tib of a University established by law in India a qualification recognised as equivalent thereto is mandatory and while inviting attention towards the Nation Commission for Indian System of Medicine notification dated 16.02.2022, it is contended that Regulation 6 of the notification itself provides for not only First Provisional B.A.M.S, Second Provisional B.A.M.S. and Third (Final) Provisional B.A.M.S., but also Compulsory Rotatory Internship for 12 months and without completing the same, the degree of Ayurveda cannot be awarded. A reference has been made to the Regulation 15 providing for Compulsory Rotatory Internship, which is for a period of 12 months. Thus, it is contended that the writ petitioners are not eligible and qualified. 9. I have heard the submissions so made across the Bar and perused the records carefully. 10. Apparently, the writ petitioners herein, who are seven in number, had applied for selection and appointment on the post of Chikitsa Adhikari (Ayurved), which is governed under the provisions of the Uttar Pradesh State Medical (Ayurvedic and Unani) Service Rules, 1990. Rule 8 of the said Rules is quoted hereinunder:- " Qualifications:--- (1) Essential - (a) A degree in Ayurveda of a University established by law in India. or Five years degree or diploma in Ayurvedic of the Board of Indian Medicine, Uttar Pradesh. (b) Registration as a Vaidya with the Board of Indian Medicine, Uttar Pradesh and(c) Atleast six months Professional experience of State Ayurvedic or Allopathic Hospital or dispensary. (2) Preferential - Post-graduate degree in Ayurvedic from a recognized institution." 11. or Five years degree or diploma in Ayurvedic of the Board of Indian Medicine, Uttar Pradesh. (b) Registration as a Vaidya with the Board of Indian Medicine, Uttar Pradesh and(c) Atleast six months Professional experience of State Ayurvedic or Allopathic Hospital or dispensary. (2) Preferential - Post-graduate degree in Ayurvedic from a recognized institution." 11. Further so far as the post of Medical Officer, Community Health (Ayurvedic and Unani) is concerned, the same is governed under the previsions of Uttar Pradesh Medical and Community Health (Ayurvedic and Unani) (Group A and Group B) Service Rules 2008, Rule 8 whereof reads as under:- " Qualifications:--- (1) Essential: (a) A degree in Ayurveda or Unani Tib of a University established by law in India or a qualification recognised by the Government as equivalent thereto. (b) Registration as a Vaidya or a Hakeem with the Board of Indian Medicine, Uttar Pradesh. (c) At least six month's Professional experience in State Ayurvedic, Unani or Allopathic Hospital or dispensary. (2) Preferential: Post graduate degree in Ayurveda or Unani Tib from a recognised institution. it is important to mention here that for both the above." 12. The National Commission for Indian System of Medical had issued a notification on 16.02.2022 in exercise of the powers conferred by Sub- Section 2 of Section 55 of the The National Commission for Indian System of Medicine Act 2020 which is known as National Commission for Indian System of Medicine (Minimum Standard of Under Graduate Ayurveda Education) Regulation 2022, Regulation 6 whereof reads as under:- " 6 Duration of B.A.M.S. programme.- The duration of the B.A.M.S. Programme shall be five years and six months as per the following table, namely:- Table-1 (Duration of B.A.M.S. Programme) Sl. No. Course of the B.A.M.S. Programme Duration (a) First Professional B.A.M.S. Eighteen Months (b) Second Professional B.A.M.S. Eighteen Months (c) Third (Final) Professional B.A.M.S. Eighteen Months (d) Compulsory Rotatory Internship Twelve Months " 13. Further Regulation 7 and 15 reads as under:- " 7 Degree to be awarded.- The candidate shall be awarded Ayurvedacharya (Bachelor of Ayurvedic Medicine and Surgery-B.A.M.S) Degree after passing all the examinations and completion of the laid down programme of study extending over the laid down period and the compulsory rotatory internship extending over twelve months and the nomenclature of degree shall be Ayurvedacharya (Bachelor of Ayurvedic Medicine and Surgery -B.A.M.S) ." ... " 15 Compulsory Rotatory Internship.- (a) (i) The duration of Compulsory Rotatory Internship including Internship Orientation Programme shall be one year and ordinarily commence on first working day of April for regular batch students and first working day of October for supplementary batch students." 14. Pertinently it is not a case of the writ petitioner that the advertisement is in variation or deviation of the Rules itself. However, the parties are in agreement that the advertisement stood published on the basis of the position, which emanated in the Rules and Regulations in question. Now, a question arises whether on the strength of the provisional registration certificate of B.A.M.S. issued by the Board of Ayurvedic and Unani Tibbi Systems of Medicine U.P. in the year 2025, the writ petitioner can be said to be eligible and qualified in all respects for the post in question or not. 15. In order to address the said issue what would be relevant would be the Rules and Regulations itself. Rule 8 of the 1990 Rules for recruitment on the post of Chikitsa Adhikari (Ayurvedic) provides for the essential qualifications a degree in Ayurveda and of University established by law in India or 5 years degree or diploma in Ayurvedic of the Board of Indian Medicine, Uttar Pradesh and with respect to Medical Officer of Community Health, the Rules 2023 postulates the qualification being essential a degree in Ayurveda or Unani Tib of a University established by law in India or a qualification recognized by the government being equivalent thereto. Now, what would be the final and the conclusive degree in Ayurveda or Unani, the same is dependent upon the requirements which are finding place in the National Commission for Indian System of Medicine (Minimum Standard of Under Graduate Ayurveda Education) Regulation 2022. Plainly and simply, Regulation 6 provides for duration of B.A.M.S. programme, which shall be 5 years and 6 months and as per table-1 so appended thereto with respect to the course of B.A.M.S. programme pertaining to First Professional B.A.M.S., the same is 18 months, the Second Professional B.A.M.S. 18 months, the Third (Final) Professional B.A.M.S. 18 months and Compulsory Rotatory Internship for 12 months. Regulation 7 itself provides that the candidate is to be only awarded Bachelors in Ayurveda Medicine and Surgery B.A.M.S. degree after passing all the examinations and completion of laid down programme of study extending over the laid down procedure and Compulsory Rotatory Internship extending over 12 months and the nomenclature of the degree shall be Bachelors of Ayurvedic Medicine and Surgery B.A.M.S. Further Regulation 15 talks about the Compulsory Rotatory Internship, which is of 12 months. Taking into account, the statutory provisions as referred to above in the facts of the case, it is the own admission of the writ petitioners that the writ petitioners shall complete their internship on 28.02.2026. The relevant averments in this regard have been made in para-18 and 22 of the writ petition, which reads as under:- "18. That all the petitioners could not be completed their one-year internship up to 22-1-2026, their internships will be completed on 28-2-2026. .... 22. That the petitioners have completed their 1/2 years B.A.M.S. degree + six months internship total 5 years, thus they are eligible to submit their forms according to advertisement No. D - 6 / E - 1/2025 dated 22-12-2025 but their one year internship has not been completed on 21-1-2026." 16. Thus it can be very well deduced that in light and background of the Regulations and the Statutory Rules, the degree of B.A.M.S. can only be awarded in case the candidate or the applicant fulfills the courses of B.A.M.S. programme as mentioned in Table-1 appended to the Regulation-6 of 2022 Regulations. In other words, if the Compulsory Rotatory Internship is not completed, no degree can be awarded in that regard. As regards the provisional registration certificate so issued is concerned, it has been specifically mentioned therein that it is valid for internship period only, as apparent from page-37 onward and the same shall not be relatable to medical practice. Though according to the writ petitioner, due to the ongoing Pandemic pertaining to CORONA, the degree was awarded at a belated stage, as the examinations could not be conducted within the time frame but the same cannot be a ground to accord benefit to the writ petitioners. Nonetheless, the eligibility is to be seen on the date of the submission of the application as mentioned in the advertisement and attainment of any qualification post the cut-off date, cannot be considered in that regard. In Dr. Nonetheless, the eligibility is to be seen on the date of the submission of the application as mentioned in the advertisement and attainment of any qualification post the cut-off date, cannot be considered in that regard. In Dr. Gajendra Singh @ Gajendra Singh and another Vs. State of U.P. , in Writ- A No.519 of 2026 , an issue touching the aspect, which is relatable to the present case, came up for consideration, wherein in par- 7 and 8, the following was observed:- "7. The bone of contention between the parties is about the fact whether a candidate who though possesses a degree of bachelor science and animal husbandry is to be held to be eligible bereft of successful completion of internship. In the opinion of the Court, internship is the part and parcel of the degree of bachelor of Veterinary Science and Animal Husbandry. Once a candidate clears the internship which is the part and parcel of the bachelors degree then he is to be held to have been eligible and qualified. In Anup Kumar Yadav (supra), the following was observed.-" "Rejoinder affidavit filed today is taken on record. Heard learned counsel for the petitioners, learned Standing Counsel for State and Sri Rishi Upadhyay, learned counsel for respondent no.2. The present petition has been filed with the following prayer:- "Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to forthwith extend last date of submission of form from 05.10.2020 to 20.10.2020 or beyond that taking into consideration the extraordinary circumstances which came into existence on account of Covit-19 and in case if need so arises by way of reasoned speaking order on the request of petitioners dated 09.09.2020." The contention of counsel for the petitioners is that the Public Service Commission issued an Advertisement No.1/2020-21 on 05.09.2020 for the post of Medical Officer in Veterinary Doctors. The eligibility prescribed under the said advertisement was that the candidates should possess the degree in B.V.S.C. and A.H. Admittedly, the petitioner did not possess the said degree as on the date prescribed as last date for filing the application. The case of the petitioners is that the degree was to be awarded to the petitioners after completion of their internship which were scheduled from 01.07.2020 to 09.07.2020. The case of the petitioners is that the degree was to be awarded to the petitioners after completion of their internship which were scheduled from 01.07.2020 to 09.07.2020. However, on account of pandemic the dates were extended and as such the petitioners could not complete the internship before the time prescribed as the last date and thus they were deprived of being considered for appointment. It is argued that in normal circumstances, the law is very settled that the persons desirous of appointment should possess the prescribed qualification on the date of filing of application, however, the situation on account of pandemic cannot be termed as a normal situation and thus, the present writ petition has been filed. I am afraid that this question is well settled that the persons desirous of being considered should possess the requisite prescribed qualification on the date of the application, thus, no case for interference is made out in the present proceedings. However, the petitioners may approach the State Government for redressal of their grievances, if so advised. If the petitioners approach the State Government, their grievances shall be considered in the light of the Covid situation." 8. Nonetheless, the orders which the writ petitioners seeks to rely upon of Rajasthan High Court and Chandigarh High Court are interim orders. However, this Court while interpreting the provisions relatable to the eligibility of Veterinary Officers in Anup Kumar Yadav (supra) has itself opined that the internship is that part and parcel and is a mandatory provision for eligibility. Moreover, eligibility is to be seen on the last date of submission of the application form and once the writ petitioner does not possess required certificate of internship is not liable to be considered for participating in the selections." 17. Accordingly, no relief can be accorded to the writ petitioners. The writ petition is dismissed