Postgraduate students are entitled to additional examination attempts due to regulations issued during the COVID-19 pandemic.

ORAL ORDER

In this petition, petitioners seek for the following reliefs:-

“ i. Issue a writ or order or direction in the nature of mandamus declaring the petitioners admitted to the academic year 2018-19 to the Post Graduate Ayurveda Course, are entitled for issue of 3 additional attempts to clear the PG Ayurveda Examinations in terms of the regulations/notifications issued by the NCISM at Annexure-A in terms of the Final Order dated: 21.10.2024 passed by this Hon’ble Court in W.P.No.19097/2024 vide Annexure-E; and ii. Issue any other appropriate writ, or order or directions as this Hon’ble Court deems fit to grant in the ends of justice.”

2. The issue in controversy is directly and squarely covered by the judgment of the co-ordinate Bench of this Court in the case of Dr.Sayuj Paul M.K. vs. Raji Gandhi University of Health Sciences & others – W.P.No.19097/2024 Dated 21.10.2024, wherein it is held as under:-

1. The petitioners are before this Court seeking for the following relief:

A) Issue a writ or order or direction in the nature of mandamus declaring the petitioner admitted to the academic year 2017-18 to the Post Graduate Ayurveda-MD-Kayachikitsa Course, is entitled for issue of 3 additional attempts to clear the Final Examinations in terms of the regulations/notifications issued by the NCISM; and B) Issue any other appropriate writ, or order or direction as this Hon’ble Court deems fit to grant in the ends of justice.

2. The petitioner was admitted to the Post Graduate (Ayruveda), MD Kayachikitsa Course for the academic year 2017-18 and had completed the course of study of three years in the year 2020. The petitioner had taken up his examinations in September-2018, April-2019, October-2019, June- July-2020, October-2020, July-2021, February-2022, June-2022, March-2023, July-2023 and had failed the first-year examination. Finally, in the examination in March-2024, he passed the first-year examination.

3. The Petitioner, contending that in terms of the notification which has been issued on 15.12.2021, providing three more chances, over and above the mercy chances is before this Court contending that those three chances if made available to the Petitioner, the Petitioner could take up those three examinations and probably succeed in those examinations.

4. The submission of Sri.Abhishek Malipatil., learned counsel for the petitioner is also that in another writ petition in WP No.12636/2021, written submissions have been filed by Respondent No.2-herein at para 8 of the said written submission, the Respondent No.2 has categorically indicated that the three additional chances would be available for both undergraduate and postgraduate students and as such, the Petitioner being a postgraduate student, the notification dated 15.12.2021 would be equally applicable to the Petitioner. On that basis, he submits that the petition is required to be allowed and the reliefs sought for is granted.

5. Ms.Manasi Kumar., learned counsel appearing for Respondent No.2 would submits that;

5.1 The notification dated 15.12.2021 has been issued with reference to Clauses 6(1)(c), 2(c), 3(c) and 4(d) of the Indian Medicine Council (Minimum Standards of Education in Indian Medicine) Amendment Regulation 2016 (in short called as “MSE 2016”) and the said MSE 2016 applies only to undergraduates and not to postgraduates.

5.2 In so far as postgraduates are concerned, it is the Indian Medicine Central Council (Postgraduate Ayurveda Education) Regulation 2016 which would be applicable. There is no notification issued under that particular Regulation of the yea