Point of Law: Court in interest of justice directs that actual sixth attempt to be permitted to petitioners to appear in examination.

ORDER :

1. There are no lawyers appearing on behalf of the parties, as they are abstaining from the work.

2. Since similar controversy is involved in these writ petitions, they are being decided by this common order. In SBCW No. 13769/2022, the following prayers are made:

“(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 B.A.M.S. First Professional Year may kindly be declared as arbitrary and illegal and may kindly be set aside.

(B) By an appropriate writ order or direction, the respondents may kindly be directed to allow and permit the petitioner to fill their examination form without any late fees and further be directed to permit the petitioner to undertake the examination commencing from 19.09.2022 for their remaining subjects of B.A.M.S. first year professional along with their B.A.M.S. Second year Professional Examination and further declare the results and issue the mark sheets.

(C) By an appropriate writ order or direction, the petitioner institute 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) Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner.”

3. The petitioners are the students of B.A.M.S. and B.U.M.S. of first year. Under the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine), Regulations 1986, as amended in 2016, maximum four attempts are provided to clear the B.A.M.S. and B.U.M.S. first year Examination. Admittedly, the petitioners have attempted all four chances, but could not clear all the subjects. Therefore, they have been given one more chance, i.e., fifth attempt, which is a mercy attempt, at the instance of the Vice Chancellor, in which also the petitioners could not clear all the subjects. It is also an admitted position that considering the various representations and looking to the Covid-19 pandemic, the National Commission for Indian System of Medicine, Ayush Department, Govt. of India vide letter/order dated 15.12.2021 (Annex.3) has decided that students whoever admitted under the Regular 1986 Regulations (as amended in 2016) and could not pass examinations as per specified number of maximum attempts and duration, three more chances over and above mercy chances shall be allowed to them. It is further admitted position that they have been given two attempts because the third attempt which was actually the sixth attempt was not available to them due to the order/letter dated 15.12.2021 (Annex.3) being not in existence prior to 15.12.2021. In these circumstances, the petitioners have filed the present writ petitions.

4. A Co-ordinate Bench of this Hon’ble Court while issuing notices vide order dated 20.09.2022 has passed following order:

“Learned counsel for the petitioner has submitted that as per the directions issued by the National Commission for Indian System of Medicine dated 15.12.2021, the students are allowed three plus four, total seven chances to clear the examinations. Learned counsel has submitted that the petitioner has availed six chances but seventh chance has not given to him.

Issue notice to the respondents. Issue notice of stay application also, returnable on 20.10.2022.

Meanwhile the respondent-University shall allow the petitioner to appear in the examination of BAMS I year, subject (A-4) Rachna Sharir (anatomy), scheduled to be held from 19.09.2022.

However, result of the petitioner shall not be declared without permission of the Court.”

5. On behalf of the respondents, Mr. Devendra Singh, Assistant Professor & Assistant Examination Controller appears and fairly submits that the petitioners have completed their attempts because initially they have attempted four chances, in which the