Allowed

Ms. Nidakhanum Lodi v. the National Commission for Indian System of Medicine

Karnataka HC14 Feb 2024WP/4140/2024

Case brief

AI extract

What is this about?

BAMS students who exhausted maximum attempts under earlier regulations sought additional attempts to clear first year examinations. The court found Regulation 11(l)(ii) of NCISM's 2022 Regulations removed limits on attempts and course duration, and directed RGUHS to allow them to appear in the examination commencing 12.03.2024.

What did the court decide?

RGUHS directed to permit petitioners additional attempts as per Regulation 11(l)(ii), accept examination applications, and allow them to appear for I year BAMS examinations from 12.03.2024.

Ms. Nidakhanum Lodi Vs the National Commission… — Education and Admissions | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 14^TH DAY OF FEBRUARY, 2024 BEFORE

¶4

THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.4140 OF 2024 (EDN-RES) C/W

¶5

WRIT PETITION NO.4145 OF 2024 (EDN-RES)

¶6

W.P.No.4140/2024:

¶7

BETWEEN:

¶8

Ms. NIDAKHANUM LODI, D/O MR. MAHAMMED JAFARKHAN LODI, AGED ABOUT 26 YEARS, UNI. REG. NO. 18A0853, R/O. NO. 10, SHANKAR VIHAR LAYOUT, DAVANAGERE-577 006.

¶9

…PETITIONER

¶10

(BY SRI ABHISHEK MALIPATIL, ADVOCATE)

¶11

AND:

¶12

THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, OFFICE 61, 65, INSTITUTIONAL AREA, JANAKPURI D BLOCK, NEW DELHI-110 058, REP. BY ITS SECRETARY.

¶13

Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

¶14

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH BLOCK EAST, PATTABHIRAMANAGAR, JAYANAGAR, BENGALURU-560 041, REP. BY ITS REGISTRAR.

¶15

ASHWINI AYURVEDIC MEDICAL COLLEGE AND P.G. CENTRE, NO. 405/1, OPP BATHI LAKE, ASHWINI NAGAR, DAVANAGERE-577 566, BY ITS PRINCIPAL/DEAN.

¶16

…RESPONDENTS

¶17

(BY SMT. MANASI KUMAR, ADVOCATE FOR R1; SMT. MAMATHA KULKARNI, ADVOCATE FOR R2; NOTICE ISSUED TO R3 V/O DATED 09.02.2024 AND D/W)

¶18

¶19

NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶20

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT IN THE NATURE OF MANDAMUS DECLARING THE PETITIONER ADMITTED TO THE ACADEMIC YEAR 2018-19 TO THE BAMS COURSE, TO BE ENTITLED FOR ADDL. ATTEMPTS TO CLEAR THE I (1ST) PROFESSIONAL BAMS COURSE EXAMINATIONS IN TERMS OF THE REGULATIONS/ NOTIFICATIONS VIDE ANNEXURE - E ISSUED BY THE R-1 - NCISM AND TO DECLARE THE PETITIONER TO BE ENTITLED FOR CONTINUATION OF THE COURSE OF STUDY WITHOUT INTERRUPTION. DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DTD 31.01.2024 AND 02.02.2024 ISSUED ON BEHALF OF THE PETITIONER PRODUCED AT ANNEXURE-J AND J1 RESPECTIVELY AND TO GRANT ADDL. ATTEMPTS TO THE PETITIONER TO CLEAR THE I (1^ST ) PROFESSIONAL BAMS COURSE EXAMINATIONS.

¶21

W.P.No.4145/2024:

¶22

BETWEEN:

¶23

1 . Ms. M. BHARGAVI, D/O C. VEERABHADRAPPA, AGED ABOUT 22 YEARS,

¶24

2 . SRI ROUSHAN KUMAR, S/O RAMKRIT THAKUR, AGED ABOUT 26 YEARS,

¶25

BOTH ARE STUDENTS OF ATREYA AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, KAKKALLI ROAD, KODIGEHALLI POST, DODDABALLAPURA, BANGALORE - 561 203.

¶26

…PETITIONERS

¶27

(BY SRI VINOD PRASAD, ADVOCATE)

¶28

AND:

¶29

1 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH T BLOCK, JAYANAGAR, BANGALORE 560 011, REP. BY ITS REGISTRAR.

¶30

2 . THE UNION OF INDIA, REP. BY ITS SECRETARY, DEPARTMENT OF AYURVEDA YOGA AND NATUROPATHY, UNANI, SIDDHA AND HOMEOPATHY (AYUSH), MINISTRY OF HEALTH AND FAMILY WELFARE,

¶31

NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶32

¶33

GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001.

¶34

3 . NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH, GOVT OF INDIA, REP. BY ITS SECRETARY, NO 61-65, INSTITUTIONAL AREA, JANAKAPURI 'D' BLOCK, NEW DELHI 110 058.

¶35

4 . ATREYA AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, KAKKALLI ROAD, KODIGEHALLI POST, DODDABALLAPURA, BANGALORE 561203, REP. BY ITS PRINCIPAL.

¶36

…RESPONDENTS

¶37

(BY SMT. SADHANA DESAI, ADVOCATE FOR R1; SRI HARSHA P. BANAD, CGC., FOR R2; SMT. MANASI KUMAR, ADVOCATE FOR R3; SRI KRISHNAN, ADVOCATE FOR R4)

¶38

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO GIVE AN OPPORTUNITY OF ONE MORE ATTEMPT TO CLEAR THE 1^ST YEAR BAMS COURSE, AND PERMIT THEM TO APPEAR FOR THE EXAM TO BE HELD FROM 12.03.2024 FOR PETITIONER CONCERNED AT ANNEXURE-L AND ETC.

¶39

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶40

ORDER

¶41

Since subject matter and relief sought in both petitions is

¶42

same, they are heard and taken up for disposal together.

¶43

Relief sought are as follows:

¶44

In W.P.no.4140/2024:

¶45

(i) Issue a writ or order or direction in the nature of mandamus declaring the petitioner admitted to the academic year 2018-19 to

¶46

¶47

NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶48

the BAMS Course, to be entitled for additional attempts to clear the I (1^st ) Professional BAMS Course Examinations in terms of the regulations/notifications vide Annexure-e dated 16.02.2022 issued by the Respondent no.1 - NCISM and to declare the petitioner to be entitled for continuation of the Course to study without interruption;

¶49

(ii) Issue a writ or order or direction in the nature of mandamus directing the respondent to consider the representation dated 31.01.2024 and 02.02.2024 issued on behalf of the petitioner produced at Anneuxre-J and J1 respectively; and to grant additional attempts to the petitioner to clear the I (1^st ) Professional BAMS Course Examinations and etc.

¶50

In W.P.no.4145/2024:

¶51

"Issue a writ of mandamus directing the respondents to give an opportunity of one more attempt to clear the 1^st year BAMS Course, and permit them to appear for the exam to be held from 12/03/2024 for petitioners concerned at Annexure-L and etc."

¶52

Sri Abhishek Malipatil in W.P.no.4140/2024 and Sri

¶53

Vinod Prasad in W.P.no.4145/2024, learned counsel for petitioners submitted that petitioners were admitted to BAMS - UG Ayurveda Courses after year 2016. It was submitted though they completed their course, they had not passed all subjects of I year BAMS Examinations and were prevented from appearing for II year BAMS Examination. It was submitted that while extant regulations permitted maximum 4 attempts and

¶54

¶55

NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶56

one grace attempt for passing Examinations, National Commission for Indian System of Medicine (for short ' NCISM ') had issued notification dated 15.12.2021 as per Annexure-D permitting three additional attempts over and above earlier permitted attempts in view of Covid-19 Pandemic. It was submitted even though petitioners had availed said attempts, under notification dated 16.02.2022 at Annexure-E, NCISM promulgated National Commission for Indian System of Medicines (Minimum Standards of Undergraduate Ayurveda Education) Regulations-2022 (for short ' Regulations 2022' ), superseding earlier regulations. It was submitted that under Regulation 11(l) of said Regulations had done away with maximum number of attempts for passing Examinations as well as outer limit for completion of Course, which would inure to benefit of petitioners to avail additional attempts. Hence, sought for allowing writ petition.

¶57

On other hand, Smt.Manasi Kumar, learned counsel for NCISM, Smt.Mamatha Kulkarni and Smt.Sadhana Desai learned Counsel for RGUHS in respective petitions sought to oppose writ petitions.

¶58

¶59

NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶60

Though, learned counsel for NCISM sought time to secure instructions, but taking note of clear meaning and effect of Regulation 11(l) of Regulations 2022 and notification dated 18.07.2023 issued by NCISM, matter was taken up for disposal, without awaiting statement of objections by NCISM.

¶61

Heard learned counsel and perused writ petition

¶62

record.

¶63

From above, there is no dispute that petitioners were admitted to BAMS Course after year 2016. Though Regulation 6.1 (c) of 2016 Regulations permitted failed students of I year Professional BAMS Examinations maximum of four attempts for passing, by virtue of Regulation 11(l) (i) and (ii) of Regulations 2022 (Annexure-E) provision regarding number of attempts for passing examinations and maximum number of years for completion of Course, were completely relaxed. Said clause reads as follows:

¶64

" Clause 11(l) of National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations2022 is as under:"Not withstanding anything contained in these regulations,-

¶65

(i) Clause 11(e) shall be applicable to the student who admitted under Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986, except electives and

¶66

7 - NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶67

as per Section 3 of SCHEDULE I (as amended vide notification no.24-14/2016 (U.G. Regulation) Regulations 2016) with 4 professionals.

¶68

(ii) Student who got admitted under Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986, the maximum number of chances and maximum period of years to pass respective professional examination as laid down under the clauses 6(1)(c), 2 (c) , 3(c), 4(d) and 4(e) of SCHEDULE I (as amended vide notification no.24-14/2016 (U.G. Regulation) Regulations, 2016) shall not be applicable."

¶69

Perusal of above regulation would indicate that students admitted under 1986 Regulations, who had opted for electives under 2016 Regulations, would be governed by Clause 11(e) which relaxes maximum period for completion of all four years of BAMS Course to 10 years.

¶70

Regulation 11(l) (ii) of Regulations 2022, which would be applicable to petitioners herein, stipulation regarding maximum number of attempts and maximum period to pass Examinations respectively were stated to be not applicable.

¶71

Said fact is reiterated by NCISM in its clarification dated 18.07.2023 communicated to Ayurveda Educational Institutions, a direction is issued to allow students to appear for Examinations. Said notification/clarification would apply to petitioners also even though they had already availed maximum number of attempts for passing Examination.

¶72

8 - NC: 2024:KHC:6770 WP No. 4140 of 2024 C/W WP No. 4145 of 2024

¶73

In view of above, writ petitions stand allowed. Respondent - RGUHS is directed to permit petitioners to avail additional attempts to pass I year Professional BAMS Examinations, as per Regulation 11(l) (ii) of Regulations 2022 at Annexure-E, permit them to file Examination applications and appear of I year BAMS Course Examinations scheduled to commence from 12.03.2024.

¶74

Sd/JUDGE

¶75

GRD/PSG

¶76

List No.: 1 Sl No.: 53

Ms. Nidakhanum Lodi v. the National Commission for Indian System of Medicine

Case brief

What is this about?

What did the court decide?

Ms. Nidakhanum Lodi v. the National Commission for Indian System of Medicine

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

H C Education Trust Vs State of Karnataka

Sri Pavith T S Vs the Chief Secretary

Nithin v Vs State of Karnataka

Ms. Suranjani Kar Vs Rajiv Gandhi University of Health Sciences

Nagaraj Vs P.Narayanaswamy

Anisha Mascarenhas Vs State of Karnataka