( 1 ) THE petitioner is a student of Bachelor of Ayurvedic Medicine and Surgery Course (in short, the 'bams' Course) prosecuting his studies in the 2nd respondent-N. K. Jabshetty Ayurvedic medical College, Bidar. The petitioner was admitted to the BAMS Course during the academic year 1993-94, the examinations whereof are conducted by the respondent-Gulbarga University (in short, the 'university' ).

( 2 ) THE present writ petition has been filed by the petitioner questioning the validity of the letter dated 9-7-1997 (Annexure-C) issued by the Registrar of the respondent University and the consequential communication made by the college authorities, restraining the petitioner from continuing the 'bams' Course on the ground that despite 4 attempts he has failed to clear all the subjects of the first phase of 'bams' Course.

( 3 ) THE 'bams' Course is governed by the Regulations for the Ayurvedacharya (Bachelor of ayurvedic Medicine and Surgery) Degree Course (in short, the 'university Regulations') framed by the respondent-University under Section 39 of the Karnataka State Universities Act, 1976 as also those framed by the Central Council of Indian Medicine (in short, the 'central Council') under Section 36 of the Indian Medicine Central Council Act, 1970 (in short, the 'central Act' ). The regulations framed by the Central Council under the Central Act are called 'central Council of Indian Medicine (Minimum Standards of Education in Indian Medicine) Regulations, 1986 (in short, the 'central Regulations' ). The University Regulations and Central Regulations provide for permissible attempts on the part of the students of BAMS course for completing the first professional examination after which the failed candidates will lose their right to continue with the studies.

( 4 ) REGULATION 12 (1) of the University Regulations reads as under. 12. Ordinance:

(1) First professional examination will be held at the end of 18 months and the subjects are mentioned in the Annexure. The subsequent first professional examination will be held every six months and failed candidates shall ordinarily be allowed 4 chance for passing first professional. However, a student failed in four subjects of first professional examination may be allowed to keep term in second professional course.

( 5 ) CLAUSE (v) of Regulation 8. 1 of the Central Regulations reads as under. 8. 1. First professional examination.-- (To be held at the end of one and half years) (i) xxx xxxx xxx xxx. (v) Candidates who fail to pass the first professional examination in three opportunities shall not be allowed to continue their studies. However, in case of personal illness of a serious nature of a candidate and in unavoidable conditions/circumstances, the Vice-Chancellor of the University may permit one more opportunity for passing the first professional course.

( 6 ) AS it appears from the pleadings of the petitioner himself, despite six attempts, he has failed to pass in the subject of 'shareerkriya', which is one of the subjects prescribed for Phase 1 of the 1st Professional Examination of BAMS Course. Nonetheless, his plea is that the words

"ordinarily be allowed" used in the University Regulations should be read as 'ordinarily the student should be allowed to take 4 chances to pass the first professional examination' and therefore the same cannot be taken as mandatory. It is on this plea he submits that he is entitled to avail any number of attempts for passing the first professional examination of the BAMS course.

( 7 ) IN my opinion, the pleas so raised is wholly untenable and has got to be rejected. The provisions of the Central Act are pari materia with those of the Indian Medical Council Act, 1956.

( 8 ) THE Supreme Court in the case of Medical Council of India v State of Karnataka and Others, has held in para 25 of the judgment that. " the Indian Medical Council Act is relatable to Entry 66 of List I (Union List ). It prevails over any State enactment to the extent the

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