JUDGMENT 1. 1. This appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is against the judgment of the learned Single Judge dismissing a writ petition. 2. The material facts at this stage are briefly stated now. In all 54 students including 19 who are the petitioners in the writ petition out of which this appeal arises, were admitted in academic session 1984.8f for Pre-Tib course in accordance with the conditions prescribed by the Central Council of Indian Medicine, which are specified in the document (Annexure R. 2/I. at page 44 of of the paper book). Out of these 54 students, in all 19 students having failed in the examination held for Pre-Tib course were rot allowed to appear at the first year examination of the course known as Bachelor of Unani Medicine & Surgery (for short, `B.U.M.S ') in accordance with the decision of the Registrar of Board of Indian Medicine Rajasthan contain,.d in the letter dated 28.12.1975. Aggrieved by this decision, not to permit these petitioners to appear in the 1st year examination of B.U.M.S. course without passing Pre-Tib examination, the petitioners filed the writ petition which has been dismissed by the learned Single Judge. Hence this appeal by the petitioners. 3. Reply of the respondents is that these 19 students were not permitted to appear in the 1st year examination of B U.M S. course because passing full Pre-Tib examination is a condition precedent in accordance with the decision contained in the Registrar's aforesaid letter dated 28.12.l985. It is urged that these petitioners were not allowed to appear in the First year examination of B U.M.S. because, they had till then not passed Pre-Tib examination. 4. It may be mentioned that by virtue of certain interim orders passed in these proceedings. the petitioners were allowed to appear in the First year examination of B.U.M.S. before the declaration of their result showing that they have passed Pre-Tib examination. It is common ground that as a result of this fact, the existing situation now is that all these 19 petitioners have appeared in Pre-Tib examination as well as First year examination of B.U.M.S. while the result of both these examination has yet to be declared. The question is, for deciding the appeal on these facts. 5. Having heard both he sides and perused the documents produced by both the sides. The question is, for deciding the appeal on these facts. 5. Having heard both he sides and perused the documents produced by both the sides. we are satisfied that there is no infirmity in the stand taken by the respondents that the petitioners were not entitled to appear in the first year examination of B.U.M.S. without passing Pre-Tib examination as clearly mention in the decision contained in the aforesaid letter dated 28.12.1985 of the Registrar, Board of Indian Medicine Rajasthan. There is no merit in the contention of the learned counsel for the appellant that these petitioners were not bound by that decision-since the same was made after they had been admitted to Pre-Tib course. No provision has been shown to us on the basis of which the petitioners can claim the right to appear in the first year examination of B.U.M S. without first passing Pre-Tib- examination. It is obvious and also logical that First year examination of B.U.M.S which is taken after completing Pre-Tib course, naturally requires the candidate to first pass Pre-Tib examination before he can claim the right to appear in the First year and subsequent year's examinations held for the B.U.M S course. It is, therefore, obvious that the petitioners also were governed by this decision. 6. The question now is of the decision to be taken in this appeal in view of the aforesaid facts which show that the petitioners were permitted to appear in the examinations held for B.U.M.S. course without declaration of their result of Pre-Tib course showing that they had passed the same. This situation has arisen as a result of the interim orders made in these proceedings. It would, therefore, be appropriate to make a direction which would do justice to both sides in spite of the view taken by us, as stated above on the petitioners right to appear in B.U.M.S. examination. 7. In our opinion, the appropriate direction to make is that the respondents should first declare results of these petitioners of the Pre-Tib examination. In the case of all or any of the petitioners who are declared successful in Pre-Tib examination, their results of the First year examination of B.U.M.S. shall also be declared and their would be declared to have passed first year examination of B.U.M.S also if that is the position. In the case of all or any of the petitioners who are declared successful in Pre-Tib examination, their results of the First year examination of B.U.M.S. shall also be declared and their would be declared to have passed first year examination of B.U.M.S also if that is the position. However, in respect of those petitioners who are not declared successful n Pre-Tib examination, the examination at which they were permitted to appear for B.U.M.S. course, shall be treated as cancelled. In respect of any petitioner, who has not only passed the Pre-Tib examination. but also First year examination of B.U.M.S. his result of the subsequent year's examination if taken shall also be similarly declared. In short, any petitioner who has not only passed Pre-Tib examination but also any of the subsequent examinations, for B.U.M.S. course, shall be declared to have passed those examinations, but in respect of those petitioners who are unsuccessful in Pre-Tib examination their examination for subsequent years shall be cancelled. 8. We direct accordingly. This appeal is disposed of in this manner.No order as to costs.Appeal disposed of. *******