JUDGMENT : 1. Challenge in this appeal is to the order dated 25.05.2023 passed by the learned Single Judge, whereby the writ petition preferred by the respondent Dinesh Kumar claiming benefit of the circular dated 25.02.2022 (Annexure-8 to the writ petition) issued by the National Commission for Homeopathy, New Delhi, has been allowed and the respondent has been granted the benefit holding him entitled for three more chances for clearing the BHMS second year examination. 2. The appellant has assailed the impugned order on the ground that the said circular dated 25.02.2022 issued by the National Commission for Homeopathy would be applicable to the students who could not pass the examinations in one or more subjects in the years 2020 and 2021, in view of the Covid-19 pandemic situation. He asserts that the benefit of the said instructions was only limited to those students, who after the breaking out of the Covid-19 pandemic, were unable to participate or clear the examinations in the years 2020 and 2021 as Covid-19 pandemic was declared in March 2020 and thus, the said circular would not be applicable to the examinations which had taken place prior thereto. It is stated that all written examinations were held by the end of December 2019 and only one examination that too practical examination was held on 2nd and 3rd January, 2020. Even the session and the examination was for 2019. On this basis, it is asserted that the benefit of the said circular dated 25.02.2022 would not be available to the respondent. 3. Reliance has been placed upon the Division Bench judgment of this Court at Jaipur Bench in Manish Sharma vs. Central Council of Homeopathy and Ors. [D.B. Civil Special Appeal (Writ) No.1258/2022 decided on 16.12.2022] where the scope, ambit and applicability of the circular dated 25.02.2022 issued by the National Commission for Homeopathy was considered and the claim for benefit of the said circular was denied to the similarly placed students. Prayer has, thus, been made for allowing the present appeal and setting aside the order passed by the learned Single Judge. 4. Prayer has, thus, been made for allowing the present appeal and setting aside the order passed by the learned Single Judge. 4. On the other hand, learned counsel for the respondent has submitted that the language of the circular makes it abundantly clear that a student, who has not been able to pass the examination in one or more subjects during the year 2020 and 2021, would be entitled to the benefit of the said circular which entitles such students for three chances to clear the examination. He contends that it is an admitted position that the practical examination of the respondent was held in January 2020. The combined marks in the written examination and the practical would constitute the result. On addition of these marks as per the result declared by the appellant, the respondent has failed to clear the examination and thus, would be entitled to the benefit of the circular dated 25.02.2022, which relief has been granted to him by the learned Single Judge. Prayer has, thus, been made for upholding the order passed by the learned Single Judge and dismissing the appeal. 5. We have considered the submissions made by learned counsel for the parties and with their assistance have gone through the impugned judgment and the pleadings. 6. The issue revolves around the circular dated 25.02.2022 which has been issued by the National Commission for Homeopathy, New Delhi. A perusal of the said circular would make the things clear that the special meeting of the National Commission for Homeopathy was held on 25.02.2022 where the National Commission for Homeopathy has taken a decision with regard to allowing three extra chances over and above including mercy chance to clear the BHMS examination. This was being done taking into consideration the unprecedented situation of Covid-19 pandemic. The intent and purpose of the circular dated 25.02.2022 is apparent from the subject of the said circular, which reads as follows: “Directions for additional attempt for BHMS examination due to Covid-19 pandemic-reg.” 7. This was being done taking into consideration the unprecedented situation of Covid-19 pandemic. The intent and purpose of the circular dated 25.02.2022 is apparent from the subject of the said circular, which reads as follows: “Directions for additional attempt for BHMS examination due to Covid-19 pandemic-reg.” 7. The decision of the special meeting of the National Commission for homeopathy as held on 25.02.2022 reads as follows: “Commission considered this unprecedented situation of Covid-19 pandemic and decided that students of any year of BHMS who could not pass examination in one or more subjects during year 2020 & 2021 as per specified number of maximum attempts and duration, shall be allowed 03 extra chances over & above including mercy chance.” It is clearly mentioned therein thereafter that this was a one time measure considered due to unforeseen Covid-19 pandemic situation. A perusal of the above would leave no manner of doubt that this concession was given to the students because of considering the Covid-19 pandemic regulations and the unforeseen situation which has arisen. The intent was that the students, because of disturbed academic schedule because of Covid-19 pandemic, may not lose an opportunity to appear/clear the examination during the years 2020 and 2021 when the Covid-19 pandemic was prevailing. A Division Bench of this Court in Manish Sharma’s case (supra), while dealing with this circular, has observed as follows: National Commireading, the decision was taken to provide additional opportunity to those who appeared in the examination, but failed during Covid-19 Pandemic. This does not open the flood gate for those, who had already availed five chances and failed prior to on set of Covid-19 Pandemic. It is apparent that the appellant had availed maximum five chances as provided under Regulation 11 of the Homoeopathy (Degree Course) B.H.M.S. Regulations, 1983 (hereinafter referred to as ‘the Regulations of 1983’), in June-July 2019, i.e. much prior to on set of Covid-19 Pandemic. The decision of the National Commission for Homeopathy, as referred to hereinabove, was to cope up with the unprecedented situation of Covid-19 Pandemic and to provide relief to those students of any year of B.H.M.S. who could not pass examination in one or more subjects during the year 2020 & 2021 as per specified number of maximum attempts and duration. The decision of the National Commission for Homeopathy, as referred to hereinabove, was to cope up with the unprecedented situation of Covid-19 Pandemic and to provide relief to those students of any year of B.H.M.S. who could not pass examination in one or more subjects during the year 2020 & 2021 as per specified number of maximum attempts and duration. Therefore, learned Single Judge has rightly held that order dated 25.02.2022 is not applicable to the case of the appellant.” We are in agreement with the same. 8. Present is a case where the respondent could not clear his second year BHMS examination which was held in the year 2019 despite having exhausted all his five attempts. He along with two others approached this Court by filing S.B. Civil Writ Petition No.7149/2020 claiming benefit of sixth chance to clear the BHMS secondary examination as he had failed in his five attempts which were permissible under the University ordinance. The said writ petition was dismissed by this Court vide order dated 25.02.2021 (Annexure-6 to the writ petition). Against the said dismissal, the respondent preferred D.B. Special Appeal (Writ) No.327/2021, which was dismissed for non-prosecution. 9. The respondent thereafter did not pursue the matter any further except for filing the second writ petition seeking benefit of circular dated 25.02.2022. As has been noted above, respondent having availed of his writ benefit would not, otherwise, be entitled to the benefit as has been claimed except for circular dated 25.02.2022, which in the considered view of this Court would not be applicable to the case of the respondent as his claim would not fall within the scope and ambit of the said circular. The facts make it clear that the written examinations were held and concluded in the month of December 2019 and even the practicals were held on 2nd and 3rd January, 2020 which is prior to the outbreak and declaration of Covid-19 Pandemic on 20th March, 2020. The situation was normal till the holding of written and practical examinations for the 2nd year. Therefore, it cannot be said that the respondent was in any manner affected by the pandemic either in preparation for the examinations or for participating therein. No benefit, thus, of the circular dated 25.02.2022 can be granted to the respondent. 10. The situation was normal till the holding of written and practical examinations for the 2nd year. Therefore, it cannot be said that the respondent was in any manner affected by the pandemic either in preparation for the examinations or for participating therein. No benefit, thus, of the circular dated 25.02.2022 can be granted to the respondent. 10. The judgment passed by the learned Single Judge making applicable the circular dated 25.02.2022 to the case of the respondent thus, is unsustainable and is hereby set aside. 11. The appeal is allowed and the writ petition is dismissed accordingly.