JUDGMENT : (1) The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:- “1. The petitioners may kindly be declared eligible to appear in the Final Professional Examination of B.A.M.S. examination 2020 which is scheduled from 11.08.2020. 2. That the respondents may kindly be directed to follow the notification dated 07.11.2016 (Annexure/1) and Office Order dated 22.07.2020 (Annexure/6) allow present petitioners to appear in Final Professional Examination. 3. Any other relief, to which the petitioner is entitled, may be granted in his favour. 4. The writ petition may be allowed with costs.” (2) Brief facts qua the petitioner No.1 are stated as the writ petition was withdrawn qua the petitioner No.2 vide order dated 25.08.2021. (3) The petitioner took admission in B.A.M.S. Course with the respondent – University for the Session 2014-15 and successfully completed First, Second and Third year. Thereafter, he was given admission in the Final Professional Examination (IV year). The petitioner attended the classes of Final Year w.e.f. December, 2018 but he was denied opportunity to appear in the examination of Final Year as he did not complete the period of the said course. The petitioner was informed vide communication dated 24.07.2020 (Annex.5) that he will not be permitted to appear in the Final Professional Examination as he has not completed duration of eighteen months of the course. Therefore, the petitioner wrote an application to the respondent – University on 27.07.2020 (Annex.4) through e-mail requesting that since he has completed eighteen months duration of Final Professional Course, therefore, he may be permitted to appear in the examination. The respondent-University, vide communication dated 05.08.2020 informed the petitioner that since he has not completed the duration of 18 months of the course therefore, he is not allowed to appear in the examination of Final Professional Examination. (4) Hence, aggrieved by the aforesaid, the petitioner has preferred the present writ petition. (5) Learned counsel for the petitioner submitted that the respondent – University is acting arbitrarily in the manner as it has allowed some other similarly situated students to appear in the Final Professional Examination. (4) Hence, aggrieved by the aforesaid, the petitioner has preferred the present writ petition. (5) Learned counsel for the petitioner submitted that the respondent – University is acting arbitrarily in the manner as it has allowed some other similarly situated students to appear in the Final Professional Examination. It is submitted that the Central Council of Indian Medicine issued the notification dated 07.11.2016, published in the Gazette of India, clause 6(3)(c) provides that the student who has cleared all the papers of first and second year shall be permitted to appear in the Final Year Examination. The clause 6(3)(c) is reproduced hereunder:- “The failed student of third professional who have passed all the subjects of the first and second professional examinations shall be allowed to appear in the final professional examination and maximum of four chances shall be given to pass third professional examination within a period of maximum three years.” (6) Learned counsel for the petitioner further submitted that even as per the office order dated 22.07.2020 (Annex.6), the students who appeared in third professional examination in November-December, 2018 are eligible to appear in the final professional examination. It is submitted that the petitioner appeared in the third professional examination in November-December, 2018 and thus, he was very much entitled to appear in the final professional examination, scheduled to be held on 11.08.2020 as by that time the duration of 18 months was completed but the respondent – University, while acting arbitrarily, denied the same to the petitioner. However, the petitioner appeared in the examination pursuant to interim order dated 10.08.2020 granted by the Co-ordinate Bench of this Court and the same is reproduced hereunder:- “Issue notice. Issue notice of stay petition as well. Mr. Sandeep Bhandawat is directed to accept notice on behalf of respondent Nos.2 and 3. He prays for same time to follow the instructions. Time prayed for is granted. Put up on 24th August, 2020. In the meantime, the respondent university is directed to allow the petitioners to appear in B.A.M.S. final year examinations provisionally. However, the result of the petitioners shall not be declared without the permission to the Court. He prays for same time to follow the instructions. Time prayed for is granted. Put up on 24th August, 2020. In the meantime, the respondent university is directed to allow the petitioners to appear in B.A.M.S. final year examinations provisionally. However, the result of the petitioners shall not be declared without the permission to the Court. It is made clear that the provisional appearance of the petitioners in B.A.M.S. final year examinations will not create any right in favour of the petitioners.” (7) Per contra, learned counsel for the respondents submitted that as per the guidelines issued by the Central Council of Indian Medicine, the students must have completed 18 months of study in the fourth year along with 75% of attendance. Upon seeking information from the college concerned regarding the attendance of the petitioner, it was informed by the college concerned vide letter dated 03.11.2020 (Annex.R/1) that the petitioner had not completed the required guidelines of Central Council of Indian Medicine for the 4th year curriculum of 18 months and attendance. (8) Learned counsel for the respondents relied upon the judgment of this Court in the case of Rewat Singh Chouhan Vs. Rajasthan Ayurved University (SBCWP No.4463/2015) and submitted that since as per the Office Order dated 22.07.2020 (Annex.6), students, who have been permitted to attend the classes of final year, should have 75% attendance to appear in the examination. The petitioner, admittedly does not have 75% attendance as per the letter dated 03.11.2020 (Annex.R/1), therefore, he cannot be permitted to appear in the examination. (9) Learned counsel for the respondents submitted that the petitioner has earlier also preferred a writ petition No.7739/2019 before this Court titled as Akshay Sharma Vs. The Dean Academic, Dr. S.R. Rajasthan Ayurved University & Ors with the following prayers:- “1. The petitioner may kindly be declared eligible to appear in the final year B.A.M.S. examination 2019 which is scheduled from 12.06.2019. 2. That the respondents may kindly be directed to follow the notification 07.11.2019 and allow present petitioner to appear in final year/professional along with due papers of third year.” (10) The Co-ordinate Bench vide order dated 14.11.2019 was of the view that the matter is squarely covered by judgment of this Court rendered in the case of Kumari Permila & Anr. Vs. Dr. Vs. Dr. S.R. Rajasthan Ayurvedic University & Ors (S.B. Civil Writ Petition No.7681/2019) decided on 11.09.2019 in which it was held that in identical circumstances, this Court has held that the petitioner is not entitled to appear in fourth year examination without pursuing the course of study for a period of 18 months. The relevant portion of the order dated 14.11.2019 is reproduced as under: “Mr. Shankar Singh, learned counsel appearing for the respondent University, invited Court’s attention towards petitioner’s mark-sheet for Second Year and pointed out that petitioner passed Second Year B.A.M.S. only on 04.06.2019, and as such requisite time gap of 18 months, as stipulated in para No.3, has not been completed and the petitioner is, therefore, ineligible to appear in 4th Year of B.A.M.S. Course. He relied upon the judgment of this Court in case of Kumari Parmila & Anr. Vs. Dr. S.R. Rajasthan Ayurved University & Ors. [S.B. Civil Writ Petition No.7681/2019, decided on 11.09.2019], and contended that in identical circumstances, this Court has held that the petitioner is not entitled to appear in 4th Year Examination, without pursuing the course of study for a period of 18 months. Having heard rival counsel, this Court is of the considered view that the matter is squarely covered by the judgment of this Court rendered in the case of Kumari Parmila (supra). Following the judgment aforesaid, the writ petition so also the stay application is dismissed. During the course of arguments, a submission was made by the learned counsel for the petitioner that at least petitioner’s result for third year be declared, so that he can be secured about his fate and take admission in next year. This request appears to be reasonable and this is not opposed by learned counsel for the University. Hence, it is directed that University shall declare petitioner’s result of III Years within a period of 3 days from today.” (11) Learned counsel for the respondent further draws the attention of this Court towards the order dated 25.05.2022 passed by the Co-ordinate Bench in this writ petition and the same is reproduced as under: “Learned counsel for the petitioners after having attempted to argue the matter for some time submits that he will positively put on record the facts regarding the petitioner having attended the fourth year classes from 04.04.2019. Learned counsel for the respondents/university has produced before this Court the attendance register of the fourth year starting from 04.04.2019 which clearly shows that the petitioner was not attending the classes of fourth year from 04.04.2019.” (12) Learned counsel for the respondent submits that there is no dispute in respect to the fact that the petitioner has not attended class of the fourth year from 04.04.2019 and thus, he has not fulfilled the required guideline of the University that for the fourth year examination the duration of 18 months is required to be completed as well as 75% of attendance. (13) Heard learned counsels for the parties and perused (14) This Court finds that previous writ petition S.B. CWP No.7739/2019 of the petitioner was dismissed vide order dated 14.11.2019 passed by the Co-ordinate Bench of this Court while deciding the matter of the petitioner in the light of the case of Kumari Parmila &Anr. Vs. Dr. S.R. Rajasthan Ayurved University & Ors. decided on 11.09.2019 wherein this Court had held that the petitioner is not entitled to appear in fourth year examination of the material available on record. B.A.M.S. without pursuing the Course of study for a period of 18 months. (15) Thus, it is admitted position that in the earlier petition also it was held that the petitioner had not completed the duration of 18 months for the fourth year B.A.M.S. course. This is also an admitted position that the Co-ordinate Bench, in this writ petition, vide order dated 18.12.2019 had directed the respondent university to keep the original attendance register ready for perusal for the Court and on 25.05.2022, the University had produced the same before the Co-ordinate Bench and after perusal of the same the Co-ordinate Bench vide order dated 25.05.2022 observed that the attendance register of the fourth year starting from 04.04.2019 clearly shows that the petitioner was not attending the classes of fourth year from 04.04.2019. (16) On that date of hearing, learned counsel for the petitioner sought some time to positively put on record the fact regarding the petitioner having attended fourth year classes from 04.04.2019. The petitioner has not placed on record any such document in order to establish the fact that he was attending the fourth year classes of B.A.M.S. course from 04.04.2019. (16) On that date of hearing, learned counsel for the petitioner sought some time to positively put on record the fact regarding the petitioner having attended fourth year classes from 04.04.2019. The petitioner has not placed on record any such document in order to establish the fact that he was attending the fourth year classes of B.A.M.S. course from 04.04.2019. (17) It is pertinent to mention here that the petitioner had filed an additional affidavit by which certificate has been placed on record which shows the number of attempts made by the petitioner in clearing the examinations of I, II, III and IV year. However, the same does not clarify the fact that the petitioner was regularly attending the classes of fourth year B.A.M.S. course from 04.04.2019. The petitioner has by way of an additional affidavit highlighted that the petitioner was never given any notice of shortfall of attendance informing that 75% attendance has not been fulfilled by the petitioner for the fourth year B.A.M.S. course. However, the respondent university in its reply has categorically mentioned that the petitioner was required to complete 18 months of study in fourth year as well as was required to have 75% of attendance. The petitioner has chosen not to file any document proving or establishing that he had completed the duration of 18 months of B.A.M.S. course and was also having 75% attendance. Once the petitioner had not completed the duration of 18 months of study in fourth year B.A.M.S. course then the same would automatically result into the shortfall of attendance and the same was reflected by the perusal of the order-sheet of the Co-ordinate Bench’s order dated 25.05.2022 in which the Coordinate Bench had specifically observed that upon perusal of the attendance register of fourth year B.A.M.S. course starting from 04.04.2019 it was clear that the petitioner had not attended the class of fourth year B.A.M.S. course starting from 04.04.2019. Therefore, the petitioner was not having eligibility on the ground of not completing the duration of 18 months B.A.M.S. course for the fourth year and was not having the 75% attendance in the fourth year B.A.M.S. course examination. (18) The writ petition being devoid of merits is hereby dismissed. (19) The stay application and all pending applications, if any, also stand disposed of.