Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2428 (RAJ)

Kumari Parmila v. Sarvepalli Radhakrishnan Rajasthan Ayurved University

2019-09-11

SANGEET LODHA

body2019
JUDGMENT Sangeet Lodha, J. - By way of this writ petition, the petitioners are seeking directions to the respondent-Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University ('the University') to allow them to appear in B.A.M.S. Final Professional Examination. 2. On 7.6.19, a coordinate Bench of this court, while issuing notices to the respondents, passed an interim order in favour of the petitioners in the following terms: "Meanwhile, the petitioners shall be permitted to submit their forms, upon payment of late fee; they shall be permitted to provisionally appear in ensuing examination of 4th Year BAMS Professional Course; but their result shall not be declared, without the leave of the Court." 3. The petitioners have preferred an application (No.1/19) seeking directions to the respondent-University to declare their result of Fourth Year Professional Examination wherein they have appeared pursuant to the interim order passed by this court as aforesaid. However, with the consent of learned counsel appearing for the parties, the matter is finally heard at this stage. 4. The petitioners were admitted to B.A.M.S. Course which is of five years and six months duration. First, Second and Third Professional Course is of twelve months duration whereas, Final Professional Course is of eighteen months duration, which is followed by Compulsory Rotatory Internship for twelve months. The petitioners appeared in First, Second and Third Professional Examinations conducted by the respondent-University in the month of June, 2016, June, 2017 and June, 2018 respectively. Since, they had not completed eighteen months of regular course of studies, they were not permitted to appear in Fourth Professional Examination conducted in June, 2018. Hence, this petition. 5. Learned counsel appearing for the petitioners contended that all the classes of the petitioners' batch of B.A.M.S. Professional Examination were completed on 15.5.19 and thereafter, since no classes were scheduled to be conducted by the respondent, there was no justification in not permitting the petitioners to appear in the Final Professional Examination conducted in June, 2019 solely on the ground that they had not completed B.A.M.S. Final Professional Examination of the duration of eighteen months. Learned counsel submitted that the petitioners have already appeared in the examination pursuant to the interim order passed by this court and therefore, their result deserves to be declared. 6. Learned counsel submitted that the petitioners have already appeared in the examination pursuant to the interim order passed by this court and therefore, their result deserves to be declared. 6. On the other hand, learned counsel appearing for the respondent-University submitted that admittedly, the petitioners have not completed the studies of B.A.M.S. Final Professional of eighteen months' duration and therefore, they were rightly not permitted to appear in the examination conducted in the month of June, 2019. Learned counsel submitted that the petitioners will be entitled to appear in B.A.M.S. Final Professional Examination to be conducted in the month of December, 2019, after completing the course for the duration prescribed. Learned counsel candidly submitted that the respondent-University is ready to arrange extra classes for the petitioners herein who have not completed the course alongwith the regular batch. 7. I have considered the submissions of the learned counsel for the parties and perused the material on record. 8. Indisputably, B.A.M.S. is a professional course, studies whereof includes theory and practicals, followed by Compulsory Rotatory Internship of twelve months. Duration of the course as mentioned in clause 3 of Schedule I appended to the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 is as under: (a) First Professional - Twelve months (b) Second Professional - Twelve months (c) Third Professional - Twelve months (d) Final Professional - Eighteen months (e) Compulsory Rotatory Internship - Twelve months 9. Obviously, the petitioners shall be entitled for award of the B.A.M.S. degree after completion of prescribed course of study extending over the duration of four and half years, followed by Compulsory Rotatory Internship of twelve months. The petitioners could not have claimed a right to appear in Fourth Professional Examination without completing the course of study for a period of eighteen months. The B.A.M.S. is a professional course and thus, the question of this court relaxing the rules and permitting the petitioners to appear in examination while curtailing the duration of the course for a period of six months, does not arise. 10. It is true that for the remaining period of six months, the petitioners cannot be made to sit idle and wait for the completion of eighteen months duration for appearing in the Final Professional Examination and the respondents were under an obligation to arrange the regular classes for the petitioners for completion of the course. 10. It is true that for the remaining period of six months, the petitioners cannot be made to sit idle and wait for the completion of eighteen months duration for appearing in the Final Professional Examination and the respondents were under an obligation to arrange the regular classes for the petitioners for completion of the course. But in any case, without completion of the course, the petitioners cannot be permitted to take the examination and thus, they are not entitled for the relief as prayed for. 11. In the result, the writ petition fails, it is hereby dismissed. The interim order dated 7.6.19 is vacated. The Final Professional Examination wherein the petitioners have appeared pursuant to interim order passed by this court, shall stand cancelled. The respondents shall arrange extra classes for the petitioners for completion of remaining course of study of B.A.M.S. Final Professional, forthwith. After completion of the course, the petitioners shall be permitted to appear in B.A.M.S. Final Professional Examination to be conducted in December, 2019. No order as to costs.