ORDER :

1. The present writ petition has been filed by the petitioner for seeking a direction to allow him to appear in remaining papers of II Year B.H.M.S. Course. The petitioner further prays that action of the respondents of not permitting him to write examination of remaining papers may be declared illegal, arbitrary and unconstitutional.

2. The facts pleaded in the writ petition are that the petitioner was granted admission in B.H.M.S. Course in 2014-2015. The petitioner has pleaded that he passed his First Year Examination in all subjects in the year 2017 and to the same effect, he has placed on record his mark sheet as Annexure-1.

3. The petitioner has pleaded that after passing First Year Examination in the year 2017, he was permitted for the II year of B.H.M.S. Course but due to critical circumstances in his family, he could not pass the II Year Examination despite availing the chances provided to him.

4. The petitioner has pleaded that he was readmitted in the II Year B.H.M.S. Course and he appeared in the examination in the year 2020, and as such, during the said period, unfortunately father of the petitioner expired, and as such, the petitioner being mentally disturbed, was declared fail in the Examination of 2020. The petitioner has pleaded that he has passed subject of Pathology & Microbiology but he has failed in three subjects namely, Forensic Medicine & Toxicology, Homeopathic Materia Medica and Organon of Medicine.

5. The petitioner has pleaded that he again submitted application for his appearance in the examination for due papers of remaining subjects and also deposited required fees amounting to Rs.2120/- but the petitioner was not issued admit card for appearing in the examination of remaining papers and when the petitioner approached the respondents, he was orally informed that since he has already availed four chances, as such he cannot be given permission to appear in the examination.

6. The petitioner has pleaded that according to the provision contained in Clause 11 of Homeopathy (Degree Course) Regulations, 1983 (hereinafter referred to as ‘the Regulations of 1983’), there is no bar for permitting the petitioner to appear in the remaining papers because after readmission, four chances are provided for passing the remaining papers, and as such, action of the respondents is illegal.

7. The petitioner has pleaded that the respondents have issued a schedule of examination dated 27.02.2021, according to which Examination of II Year B.H.M.S. Course is to be held from 10.03.2021 and for the remaining papers of the petitioner, the examination will take place from 16.03.2021 onwards. Learned counsel for the petitioner-Mr. Prahlad Sharma submitted that as per provision contained in Clause 11 of Regulations of 1983, the petitioner is legally entitled for appearing in the examination of remaining papers.

8. Learned counsel for the petitioner submitted that the petitioner has been readmitted for appearing in all the subjects and due to unavoidable circumstances, if the petitioner could not pass the remaining papers, the respondents ought to be directed to permit him to write his examination.

9. Learned counsel for the petitioner further submitted that the Regulations of 1983 provides that the candidate must complete B.H.M.S. Course in five & half years after admission but the said period is extendable upto 11 years.

10. Learned counsel submitted that since the petitioner was admitted in the Session 2014-2015 as such by counting 11 years, the petitioner is eligible to continue with the studies and to pass the course by 2025.

11. Learned counsel submitted that the respondents by denying the petitioner to write examination of remaining papers are violating the provisions which are contained in the Regulations known as Homeopathy (Degree Course) Regulations, 1983. Learned counsel for the petitioner also places reliance on an order passed by Coordinate Bench of this Court in S.B. Civil Writ Petition No.8438/2020 (Gajendra Singh