$~1071 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2780/2025 APAO VINII & ORS. .....Petitioners Through: Mr. Rishabh Rajpoot, Adv. for P-4.

versus UNIVERSITY OF DELHI & ORS. .....Respondents Through: Mr. Mohinder J.S Rupal, Mr. Hardik Rupal, Ms. Aishwarya Malhotra and Ms. Maurya Lende, Advs. for R-

1/University of Delhi.

Ms. Sweety Singh, Adv. for R-2 and R-4/GNCTD.

Ms. Ira Singh, SPC with Ms. Nandini Aggarwal, Adv. for R-3/UOI.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 29.11.2025 CM APPL. 68887/2025 (corrections/modifications of orders)

1. The present application has been filed seeking modification of order dated 23.09.2025.

2. Reply to the application by petitioner no. 4/non-applicant is stated to have been filed but the same is not on record. Another copy of reply has been handed over in Court, the same is taken on record.

3. Ms. Sweety Singh, learned counsel appearing on behalf of the respondent nos. 2 and 4 submits that the captioned writ petition was withdrawn by the petitioner and a statement was made on behalf of the respondent no.2 that the petitioners will be allowed to take exams which are going to be held in the month of November-December, 2025.

4. She submits that there were four petitioners in the present petition. However, one of the petitioners i.e. petitioner no.4/non-applicant namely, Priyanka has been found ineligible to take the exam as per the provisions of Homeopathy (Degree Course) BHMS Regulations, 1983 (as Amended up to March, 2016) [hereinafter referred to as ‘Regulations’].

5. She invites attention of the Court to Regulation 11(vi) of the Regulations to contend that the said regulation lays down that if a candidate fails to pass in all the subjects in four chances in an examination, he/she shall be required to prosecute a further course of studying all the subjects and in all parts of one year to the satisfaction of the head of the college and appearing in all the subjects. The relevant regulation on which reliance is being placed reads thus:

“(vi) If a candidate fails to pass in all the subjects with in four chances in examinations, he shall be required to prosecute a further course of studying all the subjects and in all parts for one year to the satisfaction of the head of the college and appearing for examination in all the subjects.

Provided that if a student appearing for the Fourth BHMS examination has only one subject to pass at the end of prescribed chances, he shall be allowed to appear at the next examination in that particular subject and shall complete the examination with this special chance.”

6. She submits that since the petitioner has not cleared all the subjects in given four chances, therefore, she is not eligible to take exams which are scheduled to be held from 1st December, 2025, in respect of which the respondents’ counsel’s statement is recorded in the order dated 23.09.2025, hence, present application has been filed seeking modification of the said order.

7. She contends that the petitioner no.4/non-applicant namely, Priyanka cannot be permitted by the respondent no.2/college to take the exam contrary to the mandate of the Regulations of 1983, merely because a statement was made by the counsel for the respondent no.2 that the petitioners will be allowed to take exams which are going to be held in the month of November-December, 2025.

8. Mr. Rishabh Rajpoot, learned counsel for the non-applicant further contends that the non-applicant’s last attempt was the Supplementary Examination 2024 which was held in December 2024–January 2025, the result of which was declared in February, 2025. Further, the ineligibility of the non-applicant was never pointed or pressed during the 08 months pendency of the writ petition.

9. He contends that the session was already delayed by more than 08 months on account of COVID-19 Pandemic. If at this stage the petitioner is again made to undergo the process of re-admission and study for another one year alongwith 2025-2026 batch, the non-applicant