ORDER

Since subject matter and relief sought in both petitions is same, they are heard and taken up for disposal together.

2. Relief sought are as follows:

In W.P.no.4140/2024:

(i) Issue a writ or order or direction in the nature of mandamus declaring the petitioner admitted to the academic year 2018-19 to the BAMS Course, to be entitled for additional attempts to clear the I (1st) Professional BAMS Course Examinations in terms of the regulations/notifications vide Annexure-e dated 16.02.2022 issued by the Respondent no.1 - NCISM and to declare the petitioner to be entitled for continuation of the Course to study without interruption;

(ii) Issue a writ or order or direction in the nature of mandamus directing the respondent to consider the representation dated 31.01.2024 and 02.02.2024 issued on behalf of the petitioner produced at Anneuxre-J and J1 respectively; and to grant additional attempts to the petitioner to clear the I (1st) Professional BAMS Course Examinations and etc.

In W.P.no.4145/2024:

"Issue a writ of mandamus directing the respondents to give an opportunity of one more attempt to clear the 1st year BAMS Course, and permit them to appear for the exam to be held from 12/03/2024 for petitioners concerned at Annexure-L and etc."

3. Sri Abhishek Malipatil in W.P.no.4140/2024 and Sri Vinod Prasad in W.P.no.4145/2024, learned counsel for petitioners submitted that petitioners were admitted to BAMS - UG Ayurveda Courses after year 2016. It was submitted though they completed their course, they had not passed all subjects of I year BAMS Examinations and were prevented from appearing for II year BAMS Examination. It was submitted that while extant regulations permitted maximum 4 attempts and one grace attempt for passing Examinations, National Commission for Indian System of Medicine (for short 'NCISM') had issued notification dated 15.12.2021 as per Annexure-D permitting three additional attempts over and above earlier permitted attempts in view of Covid-19 Pandemic. It was submitted even though petitioners had availed said attempts, under notification dated 16.02.2022 at Annexure-E, NCISM promulgated National Commission for Indian System of Medicines (Minimum Standards of Undergraduate Ayurveda Education) Regulations-2022 (for short 'Regulations 2022'), superseding earlier regulations. It was submitted that under Regulation 11(l) of said Regulations had done away with maximum number of attempts for passing Examinations as well as outer limit for completion of Course, which would inure to benefit of petitioners to avail additional attempts. Hence, sought for allowing writ petition.

4. On other hand, Smt.Manasi Kumar, learned counsel for NCISM, Smt.Mamatha Kulkarni and Smt.Sadhana Desai learned Counsel for RGUHS in respective petitions sought to oppose writ petitions.

5. Though, learned counsel for NCISM sought time to secure instructions, but taking note of clear meaning and effect of Regulation 11(l) of Regulations 2022 and notification dated 18.07.2023 issued by NCISM, matter was taken up for disposal, without awaiting statement of objections by NCISM.

6. Heard learned counsel and perused writ petition record.

7. From above, there is no dispute that petitioners were admitted to BAMS Course after year 2016. Though Regulation 6.1 (c) of 2016 Regulations permitted failed students of I year Professional BAMS Examinations maximum of four attempts for passing, by virtue of Regulation 11(l) (i) and (ii) of Regulations 2022 (Annexure-E) provision regarding number of attempts for passing examinations and maximum number of years for completion of Course, were completely relaxed. Said clause reads as follows:

"Clause 11(l) of National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations-

2022 is as under:-

"Not withstanding anything contained in these regulations,-

(i) Clause 11(e) shall be applicable to the student who admitted under Indian Medicine Central Council (Minimum Standards o