[2026:RJ-JD:616]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9453/2020 Jadav Akshay Kumar S/o Shri Natha Bhai, Aged About 24 Years, By Caste Jadav, Resident Of Village Parsli, District Gir Somnath (Gujarat) C/o Sri Ganganagar Homeoeopathic Medical College, Hospital And Research Institute, Near Riico Bus Stand, Hanumangarh Road, Sri Ganganagar.

----Petitioner Versus

1. Dr. S.r. Rajasthan Ayurved University, Karwad, Nagaur Road, Jodhpur Through Its Controller Of Examination.

2. Sri Ganganagar Homeoeopathic Medical College, Hospital And Research Institute, Near Riico Bus Stand, Hanumangarh Road, Sri Ganganagar Through Its Principal.

----Respondents For Petitioner(s) : Mr. Vivek Meghvanshi For Respondent(s) : Mr. Sunil Purohit HON'BLE DR. JUSTICE NUPUR BHATI

Order

07/01/2026

1. The instant writ petition has been filed under Article 226 of the Constitution of India claiming following relief(s):

“xxxxxxx a) by an appropriate writ, order or direction, the writ petition filed by the petitioner may kindly be allowed.

b) by an appropriate writ, order or direction, impugned inaction on the part of the respondent authorities in not considering the case of the petitioner and thereby, denying him one more opportunity to appear in the remaining two subjects i.e. H-1 & H-2 of B.H.M.S. III Year by allowing him to participate in the Third Year Examination 2020 (attempt examination), which are scheduled to be commenced from 23.09.2020 onwards, may kindly be declared illegal and accordingly, be discarded.

c) by an appropriate writ, order or direction, the respondent authorities may kindly be directed to extend same treatment to the petitioner i.e. one more opportunity to appear in attempt examination for remaining two subjects of B.H.M.S. III Year as has been granted in the cases of similarly situated other students and accordingly, accept the online/offline examination form of the petitioner and permit him to appear in remaining two subjects of B.H.M.S. III Year in the forthcoming Third Year Examination 2020, which are scheduled to be commenced from 23.09.2020 onwards.

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2. Counsel for the respondents, at the outset, submits that the petitioner has preferred the instant writ petition with a prayer that the petitioner may be granted one more opportunity to appear in the remaining two subjects i.e. H-1 and H-2 of B.H.M.S. 3^rd Year Course. He submits that the petitioner has already availed 5 attempts and has failed in 2 papers of B.H.M.S. 3^rd Year Examination. He further submits that in an identical controversy, the Coordinate Bench of this Court vide order dated 25.02.2021 in SBCWP No.7149/2020 titled as Dinesh Kumar & Ors. V. The Registrar, Dr. S.R. Rajasthan Ayurved University, Karwar & Ors., has dismissed the writ petition while taking into consideration the University Ordinance, which specifically grants 4+1 attempts to clear the subject. He submits that the petitioner cannot be granted the 6^th attempt as it would be in contravention to the University Ordinance. Relevant portion of University Ordinance reads as under:

“(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 examination with this special chance.”

3. Thus, taking into consideration the relevant portion of the University Ordinance, the petitioner has been rightly denied to appear in the B.H.M.S. 3^rd Year Examination for his 6^th attempt and thus, no case is made out on merits, therefore, the instant writ petition is, accordingly, dismissed.

(DR.NUPUR BHATI),J

50-/Devesh/-