ORDER : 1. The present writ petition has been filed by the petitioner for seeking a direction to allow him to appear in remaining papers of II Year B.H.M.S. Course. The petitioner further prays that action of the respondents of not permitting him to write examination of remaining papers may be declared illegal, arbitrary and unconstitutional. 2. The facts pleaded in the writ petition are that the petitioner was granted admission in B.H.M.S. Course in 2014-2015. The petitioner has pleaded that he passed his First Year Examination in all subjects in the year 2017 and to the same effect, he has placed on record his mark sheet as Annexure-1. 3. The petitioner has pleaded that after passing First Year Examination in the year 2017, he was permitted for the II year of B.H.M.S. Course but due to critical circumstances in his family, he could not pass the II Year Examination despite availing the chances provided to him. 4. The petitioner has pleaded that he was readmitted in the II Year B.H.M.S. Course and he appeared in the examination in the year 2020, and as such, during the said period, unfortunately father of the petitioner expired, and as such, the petitioner being mentally disturbed, was declared fail in the Examination of 2020. The petitioner has pleaded that he has passed subject of Pathology & Microbiology but he has failed in three subjects namely, Forensic Medicine & Toxicology, Homeopathic Materia Medica and Organon of Medicine. 5. The petitioner has pleaded that he again submitted application for his appearance in the examination for due papers of remaining subjects and also deposited required fees amounting to Rs.2120/- but the petitioner was not issued admit card for appearing in the examination of remaining papers and when the petitioner approached the respondents, he was orally informed that since he has already availed four chances, as such he cannot be given permission to appear in the examination. 6. The petitioner has pleaded that according to the provision contained in Clause 11 of Homeopathy (Degree Course) Regulations, 1983 (hereinafter referred to as ‘the Regulations of 1983’), there is no bar for permitting the petitioner to appear in the remaining papers because after readmission, four chances are provided for passing the remaining papers, and as such, action of the respondents is illegal. 7. 7. The petitioner has pleaded that the respondents have issued a schedule of examination dated 27.02.2021, according to which Examination of II Year B.H.M.S. Course is to be held from 10.03.2021 and for the remaining papers of the petitioner, the examination will take place from 16.03.2021 onwards. Learned counsel for the petitioner-Mr. Prahlad Sharma submitted that as per provision contained in Clause 11 of Regulations of 1983, the petitioner is legally entitled for appearing in the examination of remaining papers. 8. Learned counsel for the petitioner submitted that the petitioner has been readmitted for appearing in all the subjects and due to unavoidable circumstances, if the petitioner could not pass the remaining papers, the respondents ought to be directed to permit him to write his examination. 9. Learned counsel for the petitioner further submitted that the Regulations of 1983 provides that the candidate must complete B.H.M.S. Course in five & half years after admission but the said period is extendable upto 11 years. 10. Learned counsel submitted that since the petitioner was admitted in the Session 2014-2015 as such by counting 11 years, the petitioner is eligible to continue with the studies and to pass the course by 2025. 11. Learned counsel submitted that the respondents by denying the petitioner to write examination of remaining papers are violating the provisions which are contained in the Regulations known as Homeopathy (Degree Course) Regulations, 1983. Learned counsel for the petitioner also places reliance on an order passed by Coordinate Bench of this Court in S.B. Civil Writ Petition No.8438/2020 (Gajendra Singh Versus Central Council of Homeopathy & Ors.). 12. Learned counsel for the petitioner on the strength of the said order submits that the Coordinate Bench, while considering the outer limit of completing the course in 11 years, has permitted the students to get one more chance to write their examination. 13. Learned counsel submitted that the petitioner is entitled to the additional chance, and as such, the prayer is made to allow the writ petition. The respondents No.2 & 3 have filed the reply to the writ petition. 14. Learned counsel appearing for the respondents-Mr. Yuvraj Samant submitted that the petitioner in the present case has not been able to pass II Year B.H.M.S. Examination even after taking 5 attempts. 15. The respondents No.2 & 3 have filed the reply to the writ petition. 14. Learned counsel appearing for the respondents-Mr. Yuvraj Samant submitted that the petitioner in the present case has not been able to pass II Year B.H.M.S. Examination even after taking 5 attempts. 15. Learned counsel for the respondents submitted that the Regulations of 1983 clearly provides that the candidate/student can be, at the most, given four chances to appear in the examination and there is no provision in the Regulations, where a candidate, can be permitted to avail five chances. 16. Learned counsel for the respondents also refers to a letter dated 24.11.2020 written by the Central Council of Homeopathy and submits that if a candidate fails to pass in all the subjects with in four chances of examinations in a class, he is 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 to appear for examination in all the subjects. 17. Learned counsel for the respondents submitted that the fifth chance is a special chance and there is no provision for any further chance as per Regulations of 1983. 18. Learned counsel for the respondents further submitted that prayer which has been made in the instant petition to grant sixth chance to the petitioner would run contrary to the Statutory Regulations and further directions sought on the basis of interim order passed by this Court, may not be correct appreciation of the entire facts in the present case. 19. Learned counsel for the respondents also places reliance on an order passed in S.B. Civil Writ Petition No.1154/2010 (Jai Narayan Meena & Anr. Versus Rajasthan University of Health Sciences & Anr.) where Coordinate Bench of this Court has considered the issue with regard to giving fifth chance to pass examination in medical course. 20. Learned counsel on the strength of the said order submitted that if the Regulations do not provide any further chance then there is no question of extending any mercy to such candidate and the parameters of law are required to be followed. 21. I have heard the submissions made by learned counsel for the parties and perused the material available on record. It would be appropriate to quote the relevant provisions contained in the notification dated 24.09.2003 of the Central Council of Homeopathy:- “11. 21. I have heard the submissions made by learned counsel for the parties and perused the material available on record. It would be appropriate to quote the relevant provisions contained in the notification dated 24.09.2003 of the Central Council of Homeopathy:- “11. The existing entries in Regulation 11 shall be substituted as under, namely:- RESULTS AND RE ADMISSION TO EXAMINATION (i) Examining body may ensure that the results of the examination are published in time so that the student who successfully completes the BHMS examinations can complete the course in 5 ½ yrs after admission. (ii) Candidates who have passed in one or more subjects need not appear in that subject or those subjects again in the subsequent examinations if the candidate passes the whole examination with in four chances including the original examination. (iii) Facility to keep term: Not withstanding with the foregoing regulations, the students shall be allowed the facility to keep term on the following conditions: (a) The candidate must pass the Second BHMS examination at least one term (6 months) before he is allowed to appear in the Third BHMS examination. (b) The candidate must pass the Third BHMS examination at least one term (6 months) before he is allowed to appear in the Fourth BHMS examination. (c) No candidate shall be given more than 4 chances to appear in First BHMS examination in the same subject. (iv) A candidate who appears at Second or Third BHMS examinations, but fails to pass in the subject or subjects, he may be admitted to the next examination in the subject or subjects. However candidates shall be allowed to keep term as provided in (iii) above. (v) Special classes, seminars, demonstrations, practical, tutorials etc. shall be arranged for the repeaters in the subject in which they have failed before they are allowed to appear at the next examination, in which attendance shall be compulsory. (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. (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 the examination with this special chance. (vii) The examining body may under exceptional circumstances, partially or wholly cancel any examination conducted by it under intimation to the Central Council of Homeopathy and arrange for conducting re-examination in those subjects within a period of thirty days from the date of such cancellation. (viii) Grace marks may be awarded to the students at the discretion of the University/examining body on exceptional circumstances.” 22. It would also be appropriate to quote the contents of letter dated 24.11.2020 issued by the Central Council of Homeopathy giving clarification of Homeopathy (Degree Course) BHMS Regulations, 1983 (as amended from time to time) regarding Results and Re-admission to Examination:- “I am directed to inform you that Homeopathic (Degree Course) BHMS Regulations, 1983 deals with BHMS Course. The Regulations was amended in Sep 2003, June 2005, July 2015, Mar 2016, Dec 2018 and June 2019. All the amended regulations in a form of Gazette under heading Act, Rules and Regulations are available on the website of the Council (cchindia.com). The different provisions of the amended regulations shall be applicable to the students under which they were/are admitted in the BHMS course. It is also informed that the provisions of the regulations which were/are in existence at the time of admission in BHMS course shall be applicable. Regulation 11 is under Heading ‘Results and Readmission to Examination’ of Homeopathic (Degree Course) BHMS Regulations, 1983 was last amended on 25 Sep 2003. It is also informed that the provisions of the regulations which were/are in existence at the time of admission in BHMS course shall be applicable. Regulation 11 is under Heading ‘Results and Readmission to Examination’ of Homeopathic (Degree Course) BHMS Regulations, 1983 was last amended on 25 Sep 2003. The Regulation 11 of Homeopathy (Degree Course) BHMS Regulations 1983 (as amended from time to time) is as under:- RESULTS AND RE-ADMISSION TO EXAMINATION “11.xx xx xx As per Regulation 11 (vi) above, “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 the examination with this special chance.” 23. In view of the above, it is clarified that 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 to appear for examination in all the subjects. The fifth chance is a special chance. Thereafter, there is no provision for any further chance as per Homeopathy (Degree Course) B.H.M.S. Regulations, 1983 (as amended from time to time).” 24. This Court finds that as per averments made in the present writ petition, the petitioner has availed five chances for passing B.H.M.S. II Year Examination and in the last examination which the petitioner has written, held in September-October 2020, he passed only in one subject i.e. Pathology & Microbiology. 25. This Court finds that the petitioner has failed in other three subjects of B.H.M.S. II Year namely, Forensic Medicine & Toxicology, Homeopathic Materia Medica and Organon of Medicine and he intends to write these papers by seeking another chance. 26. 25. This Court finds that the petitioner has failed in other three subjects of B.H.M.S. II Year namely, Forensic Medicine & Toxicology, Homeopathic Materia Medica and Organon of Medicine and he intends to write these papers by seeking another chance. 26. This Court finds that the Regulations framed by the Homeopathy Council clearly provides that a candidate who fails to pass in all the subjects with in four chances of examinations in a class, he is 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 to appear for examination in all the subjects. The plain and simple reading of the said clause makes it clear that a person is given maximum four chances in the examination to pass all the subjects and due to any reason, if a candidate is not able to pass all the subjects then the only option left with such candidate is to study all the subjects in one year and then to appear in the examination in all the subjects. 27. The contention of the learned counsel for the petitioner that since there is an outer limit of passing the course in 11 years after admission and as such the petitioner has enough time to pass the requisite course before the outer limit, suffices it to say by this Court that outer limit for completing/passing the course is one aspect and passing the subjects in the examination by taking maximum four chances is another aspect. The outer limit prescribed to pass the course and to avail chances to write examination, cannot be put at par. 28. The contention of the learned counsel for the petitioner that petitioner was readmitted in B.H.M.S. II Year and after that if he has been allowed to write his examination and petitioner has passed in one subject out of four subjects as such he should be given one more chance, this Court in view of statutory regulations finds that the petitioner cannot be permitted any chance to write his examination of II Year. This is an admitted case of both the parties that the petitioner has taken five chances to write the examination of B.H.M.S. II Year. 29. This is an admitted case of both the parties that the petitioner has taken five chances to write the examination of B.H.M.S. II Year. 29. The contention of the learned counsel for the petitioner that Coordinate Bench has considered the similar issue while passing the interim order and detailed order has been passed after hearing both the parties suffices it to say by this Court that the present writ petition is decided finally after hearing learned counsel for the parties and this Court after going through the Regulations of 1983 finds it difficult to accept the submission of the learned counsel for the petitioner that the petitioner is entitled to avail the sixth chance. 30. The contention of learned counsel for the petitioner that other persons have taken more than four chances and even permitted by the respondent-University, this Court finds that if any such candidate has been allowed by the respondent-University, this Court cannot take any cognizance of such fact and the wrong if any committed by the University, cannot become a precedent for this Court to allow the petitioner to write the examination. 31. The contention of learned counsel for the petitioner that the petitioner would suffer in his career if the proper chance is not given to write the examination, this Court finds that if as many as four chances are given by the respondent-University to appear and pass papers, asking for more chances, cannot be in the interest of the students. 32. The contention of learned counsel for the petitioner that the unavoidable circumstances prevented the petitioner to score well in the examination, this Court finds that if the petitioner was given adequate chances from time to time to pass his B.H.M.S. II Year Examination, the petitioner ought to have been vigilant and careful to prepare for his papers and if he has failed to do so, this Court cannot come to any rescue in such case. 33. This Court is constrained to observe that if the students who pursue their studies are not able to pass and qualify and get the requisite marks in the papers in spite of availing four chances, this Court can very well imagine the plight of such candidates as how seriously they pursue their career. 34. The writ petition is devoid of merits and the same is accordingly dismissed.