G. C. BHARUKA, J. ( 1 ) THE petitioners herein had appeared at the First Year Bachelor of Homeopathic Medicine and Surgery (B. H. M. S.) conducted by the Rajiv Gandhi University of Health Sciences, held in the month of May 1998. But they were declared failed since they had not secured the minimum pass marks of 50%. Subsequently, they had made a representation before the University to grant grace marks, in view of the letter dated 9-7-1997 written by the Secretary of the Central Council of Homeopathy (Annexure-A) under which a discretion was given to the University to grant grace marks up to 3% or 10 marks whichever is less, to the students who have failed only in one subject and have passed in all other subjects. ( 2 ) ). The letter dated 9-7-1997 at Annexure 'a' seems to have been written pursuant to some discussions which had taken place in a meeting of the Central Council. Since the petitioners have not received any favourable reply or action from the University, they have approached this Court under the writ jurisdiction with the following prayers:' (1) direct by the issue of a writ in the nature of mandamus or any other appropriate writ or direction as the case may be, directing the respondents to permit 'carry over benefit' to II Year BHMS Course or in the alternative to re-declare the results of the petitioners excluding the out of syllabus questions and grant marks allocated to the out of syllabus questions as grace marks and also award 5 grace marks in the subject 'material Medica' with a further direction, directing the respondents to grant all consequential benefits. (2) Issue a writ in the nature of declaration, declaring that the petitioners are entitled to the award of grace marks as directed by the Central Council of Homeopathy and issue an appropriate writ, order or direction, to the respondents to consider and grant necessary grace marks and declare the results of the petitioners as pass. ' ( 3 ) THE course in question is governed by the provisions of the Central Act namely. The Homeopathy Central Council Act, 1973 (in short, the Act) and the Regulations framed thereunder called Homeopathy (Degree Course) Regulations, 1983 (in short, the Central Regulations ). These Regulations have been framed by the Central Council under Section 33 of the Act. ' ( 3 ) THE course in question is governed by the provisions of the Central Act namely. The Homeopathy Central Council Act, 1973 (in short, the Act) and the Regulations framed thereunder called Homeopathy (Degree Course) Regulations, 1983 (in short, the Central Regulations ). These Regulations have been framed by the Central Council under Section 33 of the Act. ( 4 ) CLAUSES (i), (j) and (k) of Section 33 of the Act read as under:sec. 33: The Central Council may, with the previous sanction of the Central Government, make regulations generally to carry out the purposes of the Act and, without prejudice to the generality of this power, such regulations may provide for-- (a) to (h ). . . . . . . . . . . . . . . . . . . . . . . . . . (i) the courses and period of study of practical training to be undertaken, subjects of examination and standards of proficiency therein to be obtained, in any University, Board or medical institution for grant of recognised medical qualification; (j) standards of staff, equipment, accommodation, training and other facilities for education in Homeopathy; (k) the conduct of professional examinations, qualifications of examiners and conditions of admission to such examinations; (l ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 5 ) IN Part VI of the Central Regulations, elaborate provisions have been made regarding the conduct of examinations. Regulation VII (iv) and (v) provide that:'regulation VII: (I) to (iii ). . . . . . . . . . . . . . . . . . . . . . . . . . (iv) In order to pass I B. H. M. S. examination, a candidate must pass in all subjects of the examination; (v) Pass marks in all subjects both homeopathic and allied medical subjects shall be 50% in each part (written, oral and practical); (vi ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ( 6 ) THE above Regulations are mandatory in nature and no direction can be issued even pursuant to a decision of the Council in derogation of the same. ( 7 ) AS can be found from Section 33 of the Act, as extracted above, the Regulations have been framed by the Central Council after obtaining the sanction of the Central Government and its publication in the Official Gazette. If the Council intends to take any decision contrary to the stipulations made in the Regulations, then it has to follow the same procedure that has been set out for making of the regulation, because it would amount to amending the regulations. ( 8 ) CLAUSE 21 of the General Clauses Act, 1987 very clearly provides that 'where, by any Central Act, a power is conferred to make regulations or rules, then that power, though it imputes the power to add, amend, vary or rescind, but it can be done in the like manner and subject to like sanctions and conditions, if any. ' Therefore, the letter written by the Secretary of the Central Council dated 9-7-1997 (Annexure-A) is clearly ultra vires the powers of the Council and it is accordingly struck down as being void. ( 9 ) THE Regulations framed under the Act are in pari materia with those framed by the Medical Council of India under the Indian Medical Council Act, 1956. In the context of the later Act, the Supreme Court of India, recently, in the case of, Medical Council of India v. State of Karnataka, AIR 1998 SC 2423 , has held in para 25 that:'the Indian Medical Council Act is relatable to Entry 66 of List I. It prevails over any State enactment to the extent the State enactment is repugnant to the provision of the Act even though the State Acts may be relatable to Entries 26 or 25 of List III. The regulations framed under Section 33 of the Medical Council Act with the previous sanctions of the Central Government are statutory. These regulations are framed to carry out the purposes of the Medical Council Act and for various purposes mentioned in Sec. 33. The regulations framed under Section 33 of the Medical Council Act with the previous sanctions of the Central Government are statutory. These regulations are framed to carry out the purposes of the Medical Council Act and for various purposes mentioned in Sec. 33. If the regulation falls within the purposes referred u/s. 33 of the Medical Council Act, it will have mandatory force. The regulations have been framed with reference to Clauses (fa), (fb) and (fc) (which have been introduced by the Amendment Act of 1993 w. e. f. August 27, 1992) and Clauses (j), (k) and (1) of Section 33. ' ( 10 ) IN the above view of the matter, Even the respondent University has no competence to grant any grace marks to the students appearing at I Year B. H. M. S. Examination, since for passing the said examination, the concerned candidate must have necessarily secured a minimum of 50% marks as per the regulations. ( 11 ) IN the above view of the matter, no relief as claimed, can be granted to the petitioners. It may be noticed here that the regulations framed under Sec. 33 of the Act have been held to be mandatory by the Hon'ble Supreme Court in the case of Council of Homeopathic Systems of Medicine, Punjab v. Suchintan, AIR 1994 SC 1761 . ( 12 ) ACCORDINGLY these writ petitions are dismissed. However, there is no order as to costs. --- *** --- .