SHASHANK MISHRA, S/O SUBHASH CHANDRA MISHRA, BALAGUNI RACHANA, D/O BALAGUNI MALLESH, BALAGUNI RAHUL KUMAR, S/O BALAGUNI MALLESH AND P. KRISHNA, S/O P. SAMBASHIVA RAO Vs. ATREYA CHARITABLE TRUST (R). NO. 616/77. SAMSKRUITI, 11TH CROSS, MALLESHWAR

JUDGEMENT

(1.) THE petitioners had joined the second respondent -college for the study of I BAMS Professional course For the academic year 2006 -2007. The first, and second petitioners have completed the first and second year BAMS Professional course. It is the case of the first petitioner that he had appeared for third BAMS Professional course examination held during January, 2011 and had passed in 5 subjects and is yet to clear 2 subjects. It is the case of the second petitioner that she was not permitted to appear for the third BAMS Professional course examination held in January, 2011. The contention of third and fourth petitioners is that the college is not permitting them to appear for the supplementary examination in the failed subjects of the first and second BAMS Professional course. Therefore, they have filed these writ petitions for a mandamus directing respondent Nos. 1 and 2 not to insist/demand any fee them except the examination fee prescribed by the University and for certain other reliefs.

(2.) THIS Court has granted interim order dated 13.6.2011 permitting petitioner Nos. 1 and 2 to appear for the third BAMS Professional course supplementary examination and petitioner Nos. 3 and 4 to appear for the first and second BAMS Professional course supplementary examination in the failed subjects. Accordingly, the petitioners have appeared for the said examination.

(3.) SRI S.G. Pandit, learned Counsel appearing for the third respondent -University submits that when the college has permitted petitioner Nos. 3 and 4 to appear for the annual examination of the first and second BAMS Profession course, question of preventing them from appearing for the supplementary examination in the failed subjects of first and second BAMS Professional course on the ground of shortage of attendance does not arise.