JUDGMENT :

(1) The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“1. The petitioners may kindly be declared eligible to appear in the Final Professional Examination of B.A.M.S. examination 2020 which is scheduled from 11.08.2020.

2. That the respondents may kindly be directed to follow the notification dated 07.11.2016 (Annexure/1) and Office Order dated 22.07.2020 (Annexure/6) allow present petitioners to appear in Final Professional Examination.

3. Any other relief, to which the petitioner is entitled, may be granted in his favour.

4. The writ petition may be allowed with costs.”

(2) Brief facts qua the petitioner No.1 are stated as the writ petition was withdrawn qua the petitioner No.2 vide order dated 25.08.2021.

(3) The petitioner took admission in B.A.M.S. Course with the respondent – University for the Session 2014-15 and successfully completed First, Second and Third year. Thereafter, he was given admission in the Final Professional Examination (IV year). The petitioner attended the classes of Final Year w.e.f. December, 2018 but he was denied opportunity to appear in the examination of Final Year as he did not complete the period of the said course. The petitioner was informed vide communication dated 24.07.2020 (Annex.5) that he will not be permitted to appear in the Final Professional Examination as he has not completed duration of eighteen months of the course. Therefore, the petitioner wrote an application to the respondent – University on 27.07.2020 (Annex.4) through e-mail requesting that since he has completed eighteen months duration of Final Professional Course, therefore, he may be permitted to appear in the examination. The respondent-University, vide communication dated 05.08.2020 informed the petitioner that since he has not completed the duration of 18 months of the course therefore, he is not allowed to appear in the examination of Final Professional Examination.

(4) Hence, aggrieved by the aforesaid, the petitioner has preferred the present writ petition.

(5) Learned counsel for the petitioner submitted that the respondent – University is acting arbitrarily in the manner as it has allowed some other similarly situated students to appear in the Final Professional Examination. It is submitted that the Central Council of Indian Medicine issued the notification dated 07.11.2016, published in the Gazette of India, clause 6(3)(c) provides that the student who has cleared all the papers of first and second year shall be permitted to appear in the Final Year Examination. The clause 6(3)(c) is reproduced hereunder:-

“The failed student of third professional who have passed all the subjects of the first and second professional examinations shall be allowed to appear in the final professional examination and maximum of four chances shall be given to pass third professional examination within a period of maximum three years.”

(6) Learned counsel for the petitioner further submitted that even as per the office order dated 22.07.2020 (Annex.6), the students who appeared in third professional examination in November-December, 2018 are eligible to appear in the final professional examination. It is submitted that the petitioner appeared in the third professional examination in November-December, 2018 and thus, he was very much entitled to appear in the final professional examination, scheduled to be held on 11.08.2020 as by that time the duration of 18 months was completed but the respondent – University, while acting arbitrarily, denied the same to the petitioner. However, the petitioner appeared in the examination pursuant to interim order dated 10.08.2020 granted by the Co-ordinate Bench of this Court and the same is reproduced hereunder:-

“Issue notice. Issue notice of stay petition as well.

Mr. Sandeep Bhandawat is directed to accept notice on behalf of respondent Nos.2 and 3. He prays for same time to follow the instructions. Time prayed for is granted.

Put