Court affirmed that interim orders allowing examination participation are to be made absolute when the petition becomes infructuous.

JUDGMENT

The petitioner seeks for the following relief:

“To issue a writ of mandamus or direction, directing the 1^st respondent to permit the petitioners appear for the Final Professional BAMS Degree Regular Examinations (2016 Scheme) May 2021 and Second Professional BAMS Degree Supplementary Examinations May 2021 together.”

2. Petitioners 1 to 4, were the students of the 2^nd respondent college, while the 5^th petitioner was a student of the 3^rd respondent college. They had successfully completed First and Third professional BAMS Degree Examinations, but failed in one of the subjects in the Second Professional Examination. Petitioners belonged to the 2016 batch of the college. Since the petitioners had not cleared the Second Professional Supplementary Examination, they were not permitted to write the Final Professional BAMS Degree Regular Examination which was scheduled to be conducted in May 2021. Hence they approached this Court through this writ petition.

3. By an interim order dated 07.05.2021, a learned Single Judge of this Court permitted the petitioners to appear for the Final year BAMS examination on condition that the results will be published only after the petitioners clear all the previous examinations. Pursuant to the above direction, petitioners are stated to have written the examination.

4. As the prayer sought for in the writ petition is only to permit the petitioners to write the examination in view of the interim order dated 07.05.2021, the writ petition has practically become infructuous. However, since the petitioners were permitted to write the examination by an interim order, it is necessary for the said order to be made absolute.

Accordingly, the interim order dated 07.05.2021 is hereby made absolute, and it is clarified that the results of the final year examination written by the petitioners shall be published only after they clear all the previous examinations.

Sd/-