IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Kumbha Ram S/o Uda Ram and ors. – Petitioners
Versus
Dr. Sarvepalli Radhakrishana Rajasthan Ayurvedic University (Dr. S.r.a.u.), University College Of Ayurved and ors. – Respondents
S.B. Civil Writ Petition No. 4174, 4175, 4322, 4348 of 2023
Decided On : 10-07-2023
National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022 - Indian Medicine Central Council (Minimum Standards of Education in Indian Science) Regulations, 1986 - Regulation 10(5) - Controversy - Marginal variation - Contextual facts - Lack of attendance - Civil Writ Petition - Held, Court observes that petitioners are students of respondent college/university pursuing B.A.M.S. Course, by enrolling themselves accordingly; an intimation was received by petitioners and other students with regard to conducting of examination; however after filling of examination forms, petitioners were not issued admit cards due to lack of attendance (minimum 75% attendance in every subject), and thus, were not allowed to sit in respective examination - Petitions dismissed.
JUDGMENT :
1. 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.4174/2023, while treating the same as a lead case.
2. The prayer clauses read as under:-
“It is, therefore, respectfully prayed that this petition for writ may kindly be allowed and:
A] By an appropriate writ, order or direction, the conduct and action of the respondents of not allowing the petitioners to undertake the IIIrd Professional B.A.M.S. Examination 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 petitioners to undertake the BAMS IIIrd professional year examinations for the upcoming subjects as per the schedule of the examination and to re-conduct the BAMS IIIrd Professional examination for the subjects that the petitioners could not undertake due to the arbitrary and illegal conduct of the respondents and further declare the results and issue the mark sheets.
C] That, heavy costs may be imposed upon the respondents in favour of the petitioners for manhandling and prejudicing the career of the petitioners, who are the students of medical science.
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. At the outset, learned counsel for the petitioners did not press the above-numbered, S.B. Civil Writ Petition No.4175/2023 to the extent of petitioner No.9 only.
4. As the pleaded facts would reveal, petitioners are the students of the respondent college/university pursuing the Bachelor of Ayurveda Medicine and Surgery (B.A.M.S.) Course which at present is governed by National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022 (hereinafter referred to as ‘Regulations of 2022’); though the petitioners were enrolled in the Course in question under the Indian Medicine Central Council (Minimum Standards of Education in Indian Science) Regulations, 1986.
4.1. The petitioners were enrolled with the respondent university for the B.A.M.S. Course in the year 2019, and entered into their respective Professional Year in April 2022. An intimation was issued by the respondents on 15/02/2023 regarding conducting of examination from 16/03/2023. In pursuance of the said intimation, the petitioners filled their examination form for their respective year B.A.M.S. Professional Examination and proceeded to download their admit card; however the same was not generated for any of the students in the college; on approaching the respondent authorities, the reason given therefor was that the attendance of the students, including the present petitioners, in the college was less than the prescribed attendance; hence would not be allowed to sit in the examination. Consequently, the petitioners, alongwith other students, organized a mass protest in the Campus against the action of the respondents, as according to the online portal, attendance of the students, including the present petitioners, was well above the prescribed attendance.
4.2 In a subsequent development, the respondents demanded payment of penalty for lack of due attendance, and only on payment of the same, the students were to be allowed to undertake the said examination. Thereafter, the petitioners again approached the respondent authorities on the date of the examination itself to allow them to undertake the examination; however they were restricted from doing so. Aggrieved by the action of the respondent authorities in not allowing the petitioners to undertake the respective Professional Year Examination of the Course in question, the present petitions have been preferred claiming the afore-
SupremeToday
The court supports provisional examination registration pending verification of attendance disputes, ensuring student rights in educational settings.
University attendance requirements must align with Bar Council regulations, ensuring students are not unjustly denied educational progression.
Mandatory attendance regulations must be uniformly enforced, and compassion cannot override statutory requirements. Claims of discriminatory treatment require substantial evidence to succeed.
Court in interest of justice directs that actual sixth attempt to be permitted to petitioners to appear in examination.
Students failing to meet the attendance criteria cannot be rescued by the court in the absence of any provision for relaxation, as mandated by Ordinance 323 of the University of Rajasthan.
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