Writ petition by a BAMS student seeking additional attempts to clear the first professional BAMS examinations per NCISM regulations. Both sides submitted the matter was covered by an earlier order; the Court disposed of it in identical terms, directing RGUHS to permit additional examination attempts.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 5349 OF 2024 (EDN-RES)
BETWEEN:
Mr. RAGHU R., S/O RANGANATHAPPA, AGED ABOUT 24 YEARS, UNIT REG NO.17A4432, R/O BOYS HOSTEL, TMAE SOCIETY'S, AYURVEDIC MEDICAL COLLEGE AND HOSPITAL, NIDIGE POST, SHIVAMOGGA-577 222.
…PETITIONER
[BY SRI ABHISHEK MALIPATIL, ADVOCATE (PH)]
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
…RESPONDENTS
[BY SMT. MANASI KUMAR, ADVOCATE FOR R1 (PH); SMT. SADHANA S. DESAI, ADVOCATE FOR R2 (PH)]
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS DECLARING THE PETITIONER ADMITTED TO THE ACADEMIC YEAR 2018-19 TO THE BAMS COURSE, TO BE ENTITLED FOR ADDITIONAL ATTEMPTS TO CLEAR THE 1 (1ST ) PROFESSIONAL
NC: 2024:KHC:7320 WP No. 5349 of 2024
BAMS COURSE EXAMINATIONS IN TERMS OF THE REGULATIONS/ NOTIFICATIONS ISSUED BY THE R1 ANNEXURE-E DATED 18.07.2023 NCISM AND TO DECLARE THE PETITIONER TO BE ENTITLED FOR CONTINUATION OF THE COURSE OF STUDY WITHOUT INTERRUPTION.
THIS PETITION, COMING ON PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
"i) Issue a writ or order or direction in the nature of mandamus declaring the petitioner admitted to the academic year 2018-19 to the BAMS Course, to be entitled for additional attempts to clear the I (1st ) Professional BAMS Course Examinations in terms of he regulations/notifications issued by the Respondent no.1 - NCISM at Annexure - E dated 18.07.2023 and to declare petitioner to be entitled for continuation of course of study without interruption etc."
matter in this writ petition is covered by decision of this Court in W.P.no.4140/2024 c/w W.P.no.4145/2024 disposed of on 14.02.2024, therefore writ may be disposed of in terms of order in said writ petitions.
NC: 2024:KHC:7320 WP No. 5349 of 2024
Professional BAMS Examinations, as per Regulations 11(l) (ii) of Regulations, 2022 at Annexure-E, permit him to submit Examination application and appear for I year BAMS Course Examinations, schedule to commence from 12.03.2024.
Sd/JUDGE
Psg*
List No.: 1 Sl No.: 25
1 issue framed by the court
Whether a BAMS student admitted in academic year 2018-19 is entitled to additional attempts to clear the first professional examinations per NCISM Regulations dated 18.07.2023.
Colour shows how this judgement treated each authority
W.P.no.4140/2024 c/w W.P.no.4145/2024 disposed of on 14.02.2024Followed
2 provisions across 2 enactments
Raghu R.
The National Commissioner for Indian System of Medicine
Rajiv Gandhi University of Health Sciences
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
