Allowed

Jitendra Kumar Sharma v. Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University

Rajasthan HC7 Jul 2023CW/8849/2023

Case brief

AI extract

What is this about?

This court allowed multiple writ petitions filed by B.A.M.S. students who had exhausted multiple exam attempts. The court held that the 2022 Regulations, which remove the cap on attempts but limit the overall duration for internship eligibility, apply prospectively to ongoing students, entitling them to appear in examinations.

What did the court decide?

Petitioners directed to be permitted to appear in the examination of remaining subjects of the B.A.M.S. course in accordance with the 2022 Regulations.

Jitendra Kumar Sharma Vs Dr. Sarvepalli… — Education and Admissions | Rajasthan HC (2023)

¶1

COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 8767/2023

¶3

Sahil Bangra S/o Shadev Ram, Aged About 24 Years, Vpo Silariya, Tehsil Jayal, Nagaur (341030)

¶4

Omprakash S/o Bhinyaram, Aged About 23 Years, Vpo Pawdo Ka Tila, Dhanoo, Barmer (344702)

¶5

Akash Mohanpuriya S/o Shankar Lal, Aged About 25 Years, Vpo Ambedkar Colony, Regar Mohalla, Kuchaman City (341508)

¶6

Girdhari S/o Buddha Ram, Aged About 25 Years, Vpo Mithya Bera Bhavi, Pal, Jodhpur (342605)

¶7

----Petitioners

¶8

Versus

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1. Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur. Through Its Registrar

¶10

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwar, Jodhpur.

¶11

----Respondents

¶12

S.B. Civil Writ Petition No. 8850/2023

¶13

Aamir Sohail S/o Wazir Mohammad, Aged About 27 Years, R/o Garib Nayaj Chok Gangawana Ajamer Rajasthan.

¶14

----Petitioner

¶15

Versus

¶16

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶17

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶18

Shekhawati Ayurved College, Pilani, District Jhunjhunu Through Its Principal.

¶19

----Respondents

¶20

S.B. Civil Writ Petition No. 8852/2023

¶21

Naresh Kumar S/o Bhagirth Mal, Aged About 27 Years, R/o Ward No Raigar Mohalla Surajgarh (Rural) Jhunjhunun Rajasthan.

¶22

----Petitioner

¶23

Versus

¶24

1. Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶25

(2 of 16)

¶26

[CW-8767/2023]

¶27

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwar, Jodhpur.

¶28

Shekhawati Ayurved College, Pilani, District Jhunjhunu Through Its Principal.

¶29

----Respondents

¶30

S.B. Civil Writ Petition No. 8822/2023

¶31

Okesh Kumawat S/o Ram Kishor Kumawat, Aged About 25 Years, Dolli Mandi Chomu Jaipur, Rajasthan, Enrollment No. Drsrrau/2017/00147

¶32

----Petitioner

¶33

Versus

¶34

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶35

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwar, Jodhpur.

¶36

The National Institute Of Ayurveda, Jaipur (Raj) Through Its Principal.

¶37

----Respondents

¶38

S.B. Civil Writ Petition No. 8828/2023

¶39

Sohan Lal Choudhary S/o Lala Ram Jat, Aged About 27 Years, Ward No. 05 Tejja Ji Mohalla Kushalpure Jaipur Rajasthan. Enrollment No. Drsrrau/2017/00170

¶40

----Petitioner

¶41

Versus

¶42

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶43

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwar, Jodhpur.

¶44

The National Institute Of Ayurveda, Jaipur (Raj) Through Its Principal.

¶45

----Respondents

¶46

S.B. Civil Writ Petition No. 8829/2023

¶47

Punit Sharma S/o Vijay Prakash Sharma, Aged About 25 Years, Near Ranjeetnagar, 60 Ft Road Ramnagar Alwar Rajasthan. Enrollment No. Drsrrau/2017/00513

¶48

----Petitioner

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(3 of 16) [CW-8767/2023]

¶50

Versus

¶51

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶52

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwar, Jodhpur.

¶53

The Kala Ashram Ayurved Medical College, Nsw 27 Vii Bansada The Gogunda Dist. Udaipur, Through Its Principal.

¶54

----Respondents

¶55

Connected With

¶56

S.B. Civil Writ Petition No. 3194/2023

¶57

Ankit Kumar Kalyan S/o Nand Ram, Aged About 24 Years, R/o 4Ka 127 Shivaji Park Alwar Rajasthan. Enrollment No. Drrrau/2017/00478

¶58

----Petitioner

¶59

Versus

¶60

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u), University College Of Ayurved, Karwad, Jodhpur. Through Its Registrar

¶61

Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶62

The Kala Ashram Ayurved Medical College, Nsw 27 Vii Bansada The Gogunda Dist Udaipur, Through Its Principal

¶63

----Respondents

¶64

S.B. Civil Writ Petition No. 3575/2023

¶65

Hemraj Meena S/o Hari Singh Meena, Aged About 25 Years, Byepass Road Narayanpur Alwer Rajasthan (Raj.) Enrollment No. Drrau/2017/00204.

¶66

----Petitioner

¶67

Versus

¶68

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), University College Of Ayurved, Karwar Jodhpur, Through Its Registrar.

¶69

The Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University, University Of Ayurved, Karwad, Jodhpur.

¶70

The Madan Mohan Malviya Govt Ayurvedic College Udaipur, Through Irs Principal.

----Respondents

(4 of 16)

[CW-8767/2023]

S.B. Civil Writ Petition No. 3578/2023

¶75

Vikas Kumar S/o Shiv Shankar, Aged About 24 Years, Kerejra Brahamno Ka Mohlla Bhaseena, Churu, Rajasthan. Enrollment No. Drsrrau/2017/00529.

¶76

----Petitioner

¶77

Versus

¶78

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶79

The Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University, University Of Ayurved, Karwad, Jodhpur.

¶80

The Kala Ashram Ayurved Medical College, Nsw 27 Vii Bansada Teh Gogunda Dist Udaipur, Through Its Principal.

¶81

----Respondents

¶82

S.B. Civil Writ Petition No. 3579/2023

¶83

Vishvendra Singh Labana S/o Shri Himmat Singh Labana, Aged About 28 Years, Ramsar Joona, Post Punawara, Tehsil Simalwara, District Dungarpur (Raj.). (Enrollment No. Drsrrau/ 2014/00457)

¶84

----Petitioner

¶85

Versus

¶86

The Registrar, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), Nagaur Road, Karwar, Jodhpur (Rajasthan).

¶87

The Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), Nagaur Road, Karwar, Jodhpur (Rajasthan).

¶88

The Kala Ashram Ayurved Medical College, Nsw 27 Village- Bansada Tehsil - Gogunda District - Udaipur, Through Principal.

¶89

----Respondents

¶90

S.B. Civil Writ Petition No. 3582/2023

¶91

Vivek S/o Shri Roshan Lal, Aged About 26 Years, Resident Of Bhainsali, Churu, District - Churu (Raj.) (Enrollment No. Drsrrau/2016/00422).

¶92

----Petitioner

¶93

Versus

¶94

The Registrar, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), Nagaur Road, Karwar, Jodhpur (Rajasthan).

¶95

The Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr.

¶96

(5 of 16) [CW-8767/2023]

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S.r.a.u), Nagaur Road, Karwar, Jodhpur (Rajasthan).

¶98

1. The Principal, Shekhawati Ayurved College, Pilani, Jhunjhunu.

¶99

----Respondents

¶100

S.B. Civil Writ Petition No. 3583/2023

¶101

Deepak S/o Kalu Ram, Aged About 24 Years, Ward No. 8 Padampura 10 Jsn Hanumangarh Rajasthan Pin No 335523 (Raj). Enrollment No. Drrrau/2017/00112

¶102

----Petitioner

¶103

Versus

¶104

1. Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University, (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶105

Controller Of Examination, Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶106

The National Institute Of Ayurveda Jaipur (Raj), Through Its Principal.

¶107

----Respondents

¶108

S.B. Civil Writ Petition No. 3713/2023

¶109

Rahul Kumawat S/o Shri Pyrelalkumawat, Aged About 25 Years, Balaji Nagar, Kuchaman City, Nawa, District Nagaur, Rajasthan. Enrollment No. Drsrrau/2015/01322

¶110

----Petitioner

¶111

Versus

¶112

Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, (Dr. S.r.a.u.) University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶113

Controller Of Examination, Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶114

Shri Sirdhi Saibaba Ayurved College And Hospital, Renwal, Jaipur Through Its Principal.

¶115

----Respondents

¶116

S.B. Civil Writ Petition No. 3771/2023

¶117

Rohit Maida S/o Shri Mohan Lal Maida, Aged About 23 Years, Negred, Banswara, District Banswara, Rajasthan.

¶118

----Petitioner

¶119

Versus

¶120

Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, (Dr. S.r.a.u.) University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶121

(6 of 16)

¶122

[CW-8767/2023]

¶123

Controller Of Examination, Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶124

Shekhawati Ayurved College, Pillani, District Jhunjhunu Through Its Principal.

¶125

----Respondents

¶126

S.B. Civil Writ Petition No. 8851/2023

¶127

Prashant Singh S/o Shri Sumran Singh, Aged About 24 Years, R/o Bhajrag Vihar Colony, Vinarayan Gate, Bharatpur, Rajasthan.

¶128

----Petitioner

¶129

Versus

¶130

Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur Through Its Registrar.

¶131

Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶132

The Mahatma Jyotiba Fule College Of Ayurveda, Nh 11, Sikar Road, Harota, Chomu, Jaipur (Raj.) Through Its Principal.

¶133

----Respondents

¶134

S.B. Civil Writ Petition No. 8849/2023

¶135

Jitendra Kumar Sharma S/o Shri Pramod Kumar Sharma, Aged About 26 Years, R/o Vpo Pehal, Tehsil Mundwara, District Alwar.

¶136

----Petitioner

¶137

Versus

¶138

Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, (Dr. S.r.a.u) University College Of Ayurved, Karwad, Jodhpur. Through Its Registrar.

¶139

Controller Of Examination, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶140

The Mahatma Jyotiba Fule College Of Ayurveda, Nh 11, Sikar Road, Harota, Chomu, Jaipur (Raj.) Through Its Principal.

¶141

----Respondents

¶142

S.B. Civil Writ Petition No. 3581/2023

¶143

Murari Lal Kasana S/o Shri Ramgopal Gurjar, Aged About 24 Years, Sultanpura, Jaipur, Rajasthan.

----Petitioner

Versus

(7 of 16)

[CW-8767/2023]

Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University, (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶149

Controller Of Examination, Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶150

The Mahatma Jyotiba Fule College Of Ayurveda, Nh 11, Sikar Road, Harota, Chomu, Jaipur (Raj.) Through Its Principal.

¶151

----Respondents

¶152

S.B. Civil Writ Petition No. 3573/2023

¶153

Deepak Mahariya S/o Shri Badri Narayan, Aged About 26 Years, R/o Nangal Bharda, Jaipur, Rajasthan.

¶154

----Petitioner

¶155

Versus

¶156

1. Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), University College Of Ayurved, Karwad Jodhpur, Through Its Registrar.

¶157

The Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University, University Of Ayurved, Karwad, Jodhpur.

¶158

The Madan Mohan Malviya Rajkiya Govt. Ayurved Mahavidyalaya, Through Its Principal, Ambamata Scheme Udaipur (Raj.), 313001.

¶159

----Respondents

¶160

S.B. Civil Writ Petition No. 3586/2023

¶161

Mukesh Kumar Meena S/o Ramprasad Meena, Aged About 26 Years, Ward No. 7, Banda Ka Jhupda, Bhilwara (Raj.) 311203

¶162

----Petitioner

¶163

Versus

¶164

Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University, (Dr. S.r.a.u.), University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶165

Controller Of Examination, Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶166

The Madan Mohan Malviya Rajkiya Govt. Ayurved Mahavidyalaya, Through Its Principal, Ambamata Scheme Udaipur (Raj.), 313001

¶167

----Respondents

¶168

S.B. Civil Writ Petition No. 3196/2023

¶169

Jinit Damor S/o Laxmi Narayan Damor, Aged About 23 Years,

¶170

(8 of 16)

¶171

[CW-8767/2023]

¶172

R/o Gandhi Colony Village Porda Post Bakhatpura Tehsil Garhi Bakhat Pura Banswara Rajasthan. Enrollment No. Drrrau/2017/00491

¶173

----Petitioner

¶174

Versus

¶175

Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University (Dr. S.r.a.u), University College Of Ayurved, Karwad, Jodhpur. Through Its Registrar

¶176

Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶177

The Kala Ashram Ayurved Medical College, Nsw 27 Vii Bansada The Gogunda Dist Udaipur, Through Its Principal

¶178

----Respondents

¶179

S.B. Civil Writ Petition No. 3288/2023

¶180

Vasudev Yadav S/o Narendra Yadav, Aged About 25 Years, Tehsil Neemkathana, Basdi Khurd, Sikar, Basdi Khurd, Rajasthan.

¶181

----Petitioner

¶182

Versus

¶183

Dr. S.r.a.u, University College Of Ayurved, Karwad, Jodhpur, Through Its Registrar.

¶184

Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶185

The Mahatma Jyotiba Fule College Of Ayurveda, Nh-11, Sikar Road, Harota, Chomu, Jaipur (Raj.) Through Its Principal.

¶186

----Respondents

¶187

S.B. Civil Writ Petition No. 3539/2023

¶188

Faizy Saifi D/o Anwar Husain, Aged About 25 Years, Ward No 01, Fateullanganj, Thakurdara, Moradabad, Utter Pradesh Presently Address Hostel National Institute Of Ayurved Jaipur Rajasthan. Enrollment No Drsrrau/2017/00118

¶189

----Petitioner

¶190

Versus

¶191

Dr. S.r.a.u., Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur. Through Its Registrar

¶192

Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, University College Of Ayurved, Karwad, Jodhpur.

¶193

(9 of 16) [CW-8767/2023]

¶194

The National Institute Of Ayurved Jaipur Rajasthan, Through Its Principal

¶195

----Respondents

¶196

S.B. Civil Writ Petition No. 3563/2023

¶197

Yogesh Katara S/o Shri Laxman Lal Katara, Aged About 25 Years, Resident Of Katarawas Kallan, Katarawas, Udaipur (Raj.). (Enrollment No. Drsrrau/2016/00533).

¶198

----Petitioner

¶199

Versus

¶200

The Registrar, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), Nagaur Road, Karwar, Jodhpur (Rajasthan).

¶201

The Controller Of Examination, Dr. Sarvepalli Radhakrishnana Rajasthan Ayurved University (Dr. S.r.a.u.), Nagaur Road, Karwar, Jodhpur (Rajasthan).

¶202

The Kala Ashram Ayurved Medical College, Nsw 27 Village- Bansada Tehsil - Gogunda District - Udaipur, Through Principal.

¶203

----Respondents

¶204

For Petitioner(s)	: Mr.	Nitin Goklani
	Mr.	Chatur Bhuj
For Respondent(s)	: Mr.	Suneil Purohit

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶206

Order

¶207

07/07/2023

¶208

Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.8767/2023, while treating the same as a lead case.

¶209

The prayer clauses read as under:

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(10 of 16)

¶211

[CW-8767/2023]

¶212

“It is, therefore, respectfully prayed that this petition for writ may kindly be allowed and:

¶213

A] By an appropriate writ, order or direction, the conduct and action of the respondents of not allowing the petitioner to undertake the examination of the remaining subjects of their IInd Professional B.A.M.S. Examination along with his IIIrd professional B.A.M.S. Examination may kindly be declared as arbitrary and illegal and may kindly be set aside.

¶214

B] By an appropriate writ, order or direction, the respondents may kindly be directed to allow and permit the petitioners to fill their examination form without any late fees and further be directed to permit the petitioner to undertake the examination commencing from 10 July 2023 for the remaining subjects of their B.A.M.S. Second year Professional examinations along with their B.A.M.S. Third year Professional Examination and further declare the results and issue the mark sheets. C] By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner in accordance with the National Commission for Indian System Of Medicine (Minimum Standards of Undergraduate Ayurveda Education) – Regulations 2022. D] The cost of the litigation may be awarded in favour of the humble petitioners.

¶215

E] Any other appropriate order that this hon’ble court may deem just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner.”

¶216

Brief facts of the case, as placed before this Court by learned counsel for the petitioners are that the petitioners got enrolled themselves with the respondent-University for pursuing B.A.M.S (Bachelor of Ayurveda Medicine and Surgery) Course in the year 2017. The petitioners cleared all the subjects of their B.A.M.S I^st Year Examination and entered into the second year of the said Course. However, thereafter, the petitioners could not pass in all the Subjects of the second year examination of the Course in question, in their first attempt.

¶217

[CW-8767/2023]

¶218

(11 of 16)

¶219

3.1. The petitioners appeared in the further attempts for their remaining subjects of the second year examination along with the third year examination of the Course in question. However, due to Covid-19 pandemic, the petitioners could not appear in all the consecutive attempts of second year examination of the course in question.

¶220

3.2. The Course in question is governed by the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986. The said Regulations stood amended in the year 2016, wherein it was provided that the students are entitled to four attempts for clearing the examinations of the Course in question. Thereafter, the National Commission for the Indian System of Medicine vide order dated 15.12.2021 provided for three more attempts i.e. in total seven attempts (as mercy chances) to clear the examinations of the Course in question.

¶221

3.3. The respondents issued an intimation dated 31.05.2023 regarding conducting of examination to be scheduled from 10.07.2023.

¶222

Learned counsel for the petitioners submitted that the National Commission for the Indian System of Medicine has introduced the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022, having overriding effect over the Regulations of 1986, and therefore, the students of the Course in question are to be governed by the Regulations of 2022 and not by the Regulations of 1986 and its amended notifications.

¶223

4.1. It was further submitted that the Regulations of 2022 does not prescribe for any cap on the number of attempts to clear one

¶224

[CW-8767/2023]

¶225

(12 of 16)

¶226

particular Professional Year Examination; though as per the said Regulations, there is a cap of maximum period of ten years to pass the examinations.

¶227

4.2. Thus, as per learned counsel, the students shall not be restricted on the basis of maximum number of chances/attempts to clear a professional year examination, which in turn, would mean that the students (petitioners) are rightfully entitled to appear in the due paper examination of the Course in question.

¶228

On the other hand, learned counsel appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioners, submitted that the enactment governing the field shall have the prospective application and not the retrospective application, unless otherwise specifically provided.

¶229

5.1. It was further submitted that the petitioners were given admission as per the Regulations of 2016; during that period, there was no question of applying the provisions of the Regulations of 2022.

¶230

5.2. It was also submitted that Clause 11 (l) (ii) of the Regulations of 2022 is a non obstante clause and cannot be applicable on the category of students, who are before this Court in the present petitions. It was further submitted that the National Commission for the Indian System of Medicine vide communication dated 27.07.2022 directed the Controller of the Examinations of the various Universities to apply the Regulations of 2022 on the students of the batch of Academic Session 20212022.

¶231

[CW-8767/2023]

¶232

(13 of 16)

¶233

5.3. In support of his submissions, learned counsel relied upon the judgment rendered by a Division Bench of this Hon’ble Court in the case of Kanchan Vs Union of India (D.B.C.W.P. No.2800/2021, decided on 29.11.2021). Reliance has also been placed on the judgment of a Division Bench of Hon’ble Bombay High Court in the case of Pawar Nitin Madhukar Vs Dadasaheb Swaroopsinh Naik & Ors. (Writ Petition No.4720

¶234

of 2012 decided on 03.12.2013).

¶235

Heard learned counsel for the parties as well as perused the record of the case along with judgments cited at the Bar.

¶236

This Court observes that the petitioners got themselves enrolled in the B.A.M.S. Course with the respondent-University. The petitioners after passing the examination of the particular year of the said Course, could not clear all the subjects in the examinations of the subsequent year.

¶237

It is deemed appropriate to reproduce Regulations 11(e), 11(l)(i) & 11(l)(ii) of the Regulations of 2022, for ready reference, as hereunder:

¶238

“ 11. Examination :

¶239

(a) to (d) . . . . . . . . .

¶240

(e) To become eligible for joining the Compulsory Rotatory Internship programme, all three professional examinations shall be passed and qualified in nine electives within a period of maximum ten years from the date of admission.

¶241

(f) to (k) . . . . . . .

¶242

(l) Notwithstanding anything contained in these regulations:

¶243

(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 as per section 3 of Schedule I

¶244

(14 of 16)

¶245

[CW-8767/2023]

¶246

(as amended vide notification no.24-14/2016 (U.G. Regulation) Regulations, 2016) within 4 professionals. (ii) Students 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) & 4(e) of Schedule I (as amended vide notification no.24-14/2016 (U.G. Regulation) Regulations, 2016), shall not be applicable.”

¶247

The same was also clarified vide communication dated 08.06.2022 (Ref. No.20-7/2020 Univ.(82) issued by the National Commission for Indian System of Medicine to the Registrar, Gujarat Ayurved University, Jamnagar (Gujarat) .

¶248

This Court further observes that the petitioners are the students of the ongoing Course, and thus, it cannot be said to be of retrospective application of the Regulations i.e. Regulations of 2022 in the case of such students. The Regulations of 2022 has to apply on the students, who are currently undergoing the Course as regular students, and the clause of maximum number of attempts, which has been excluded by the National Commission for Indian System of Medicine in their Regulations itself, the same shall apply to them, and they shall not be disqualified on account of number of attempts.

¶249

9.1. However, to become eligible for joining the Compulsory Rotatory Internship Programme, which has been added in Regulation 11 sub-regulation (e) of the Regulations of 2022, the students are required to pass and qualify all the three professional examinations in nine electives within a maximum period of ten years from the date of admission, which shall remain applicable.

¶250

[CW-8767/2023]

¶251

(15 of 16)

¶252

9.2. The 2022 amended Regulations cannot be made applicable on the students, who are not currently undergoing the Course, or whose admission has already been terminated, or whose Degree has already been denied, or whose case no more survives; but since the petitioners are the students of the currently ongoing Course and pursuing their Degree Course as regular students, therefore, the prospective application of the Regulations will help the present petitioners, and therefore, on count of number of attempts, they will not be denied the chance to appear in the examination. However, the candidates will be ineligible for internship as per the aforementioned clause of maximum ten years, which has been inserted in the Regulations of 2022.

¶253

This Court thus observes that the present petitioners are entitled to appear in the examination of the remaining Subjects of the Course in question, and the respondents are not justified in denying them such a lawful opportunity. 11. The judgments cited at the Bar on behalf of the respondents do not render any assistance to their case, as in the said judgments, the adjudication process was under the Regulations of 2016, whereas today, it is under the Regulations of 2022.

¶254

Resultantly, the present petitions are allowed. The respondents are thus directed to permit the petitioners to appear in the examination of the remaining Subjects of the Course in question, strictly in accordance with Regulation 11 of the

¶255

(16 of 16) [CW-8767/2023]

¶256

Regulations of 2022. No order as to costs. All pending applications stand disposed of.

¶257

(DR.PUSHPENDRA SINGH BHATI), J.

¶258

skant/-

Jitendra Kumar Sharma v. Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University

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Jitendra Kumar Sharma v. Dr. Sarvepalli, Radhakrishnana Rajasthan Ayurvedic University

Case brief

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