The court established the principle that amended regulations would be applicable to students admitted prior to the amendments but have not yet passed out, and the maximum prescribed time period under the Regulations of 2022 would impact eligibility for further attempts.

JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“1. That by an appropriate writ, order or direction the instant writ petition may kindly be ordered to be allowed.

2. That by an appropriate writ, order or direction the respondent-University may be directed to open the online examination portal for the petitioner so that he may fill up examination form.

3. That by an appropriate writ, order or direction or alternatively, the respondent University may kindly be directed to accept the petitioner’s off-line application form.

4. That any other appropriate writ, order or direction, which this Hon’ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.

5. Costs of this writ petition may kindly be awarded in favour of petitioner.”

2. As per the pleaded facts, the petitioner was enrolled with the respondent-College for pursuing the Bachelor of Ayurvedic Medicine and Surgery Course (B.A.M.S.) in the year 2012. The Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986, which govern the Course in question, were amended vide the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016 (hereinafter referred to as ‘Regulations of 2016’), as notified in the Gazette of India : Extraordinary, dated 07.11.2016; and thereafter on 16.02.2022, the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022 (hereinafter referred to as ‘Regulations of 2022’), were notified in the Gazette of India : Extraordinary.

2.1. Thereafter, the petitioner appeared in the B.A.M.S. First Year Professional Examination in December 2012 and cleared the same in the year 2017; then Second Year Professional Examination in the year 2021; and Third/Final Year Professional Examination in 2022, except in one Subject i.e. Prasuti Tantra & Strirog. The petitioner wished to fill the form for the examinations to be held in July, 2023 however, the online exam portal for filling up examination form did not open for the petitioner and the last date for submission was 22.06.2023 (with late fee by 04.07.2023) as per the office order dated 31.05.2023; the same was on count of Regulation 6 of the Regulations of 2016 and Regulation 11 of the Regulations of 2022; relevant portions of the said Regulation 6 and Regulation 11 are reproduced as hereunder :

“6. Scheme of examination.-

(4)(e) To become eligible for joining the compulsory internship programme, all four professional examinations shall be passed within a period of maximum nine years including all chances as mentioned above.”

“11. Examination.-

(e) To become eligible for joining the Compulsory Rotatory Internship programme, all three professional examinations shall be passed and qualified in nine electives within a period of maximum ten years from the date of admission.”

3. Learned counsel for the petitioner submitted that the petitioner had taken admission in the respondent-College in the year 2012, and thus, the Regulations, i.e. the Regulations of 1986 along with amendment of 2010, so prevalent in the year 2012 should have been applicable on him, whereby there were neither any limits on the number of attempts nor any prescribed period within which a student had to pass all the Subjects of B.A.M.S. IIIrd Professional Year Examination.

3.1. It was further submitted that since petitioner’s admission in 2012, the Regulations had been amended and the new regulations (Regulations of 2022) were made applicable on him, thus, on the ground of having availed the maximum number of attempts, the petitioner was precluded from appearing in the examination.

3.2. It was further submitted that the petitioner had passed all the Subjects, except one, and had also been permitted to undertake the B.A.M.S. Examination to be conducted in July, 2023 vide letter dated 25.