ORDER :

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.8767/2023, 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 petitioner to undertake the examination of the remaining subjects of their IInd Professional B.A.M.S. Examination along with his 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 fill their examination form without any late fees and further be directed to permit the petitioner to undertake the examination commencing from 10 July 2023 for the remaining subjects of their B.A.M.S. Second year Professional examinations along with their B.A.M.S. Third year Professional Examination and further declare the results and issue the mark sheets.

C] By an appropriate writ, order or direction, the respondents 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] The cost of the litigation may be awarded in favour of the humble petitioners.

E] Any other appropriate order that this hon’ble court may deem just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner.”

3. Brief facts of the case, as placed before this Court by learned counsel for the petitioners are that the petitioners got enrolled themselves with the respondent-University for pursuing B.A.M.S (Bachelor of Ayurveda Medicine and Surgery) Course in the year 2017. The petitioners cleared all the subjects of their B.A.M.S Ist Year Examination and entered into the second year of the said Course. However, thereafter, the petitioners could not pass in all the Subjects of the second year examination of the Course in question, in their first attempt.

3.1. The petitioners appeared in the further attempts for their remaining subjects of the second year examination along with the third year examination of the Course in question. However, due to Covid-19 pandemic, the petitioners could not appear in all the consecutive attempts of second year examination of the course in question.

3.2. The Course in question is governed by the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986. The said Regulations stood amended in the year 2016, wherein it was provided that the students are entitled to four attempts for clearing the examinations of the Course in question. Thereafter, the National Commission for the Indian System of Medicine vide order dated 15.12.2021 provided for three more attempts i.e. in total seven attempts (as mercy chances) to clear the examinations of the Course in question.

3.3. The respondents issued an intimation dated 31.05.2023 regarding conducting of examination to be scheduled from 10.07.2023.

4. Learned counsel for the petitioners submitted that the National Commission for the Indian System of Medicine has introduced the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022, having overriding effect over the Regulations of 1986, and therefore, the students of the Course in question are to be governed by the Regulations of 2022 and not by the Regulations of 1986 and its amended notifications.

4.1. It was further submitted that the Regulations of 2022 does not prescribe for any cap on the n