VEERA BOINI NAGA RAJITA D/O. NAGESWARA RAO AND OTHERS Vs. THE GOVERNMENT OF INDIA BY ITS SECRETARY TO MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF INDIA SYSTEM OF MEDICINE AND HOMEOPATHY (AYUSH) (EDUCATION POLICY SECTION) INDIAN RED CROSS

JUDGEMENT

(1.) PETITIONERS are the students studying in BAMS Course (Ayurvedic Medicines) in respondents 3 to 8 -Institutions. They appeared for 1 Year BAMS examination on 21.12.2009. Six subjects are prescribed for 1 Year BAMS Course. None of the petitioners have passed four or more than four subjects in 1 Year BAMS examination out of the six prescribed subjects, i.e., they have failed in more than two subjects. The II Year BAMS examination was scheduled to be held on 21.6.2011. The University did no -: permit the petitioners to take up II Year examination on the ground that the petitioners have not completed four subjects, out of six subjects in 1 Year examination. Being aggrieved by the same, the petitioners approached this Court by filing these writ petitions.

(2.) THIS Court while issuing notice to the respondents, granted interim order which reads thus: - Learned ASG is directed to take notice for R1. Sri S.G. Pandit, learned counsel is directed to take notice for R2. Issue notice to R3 to R8. R2, R4 to R8 are directed to permit the petitioners to appear for the Second Year BAMS Degree Course examination scheduled to he held in June, 2011 subject to the result of these writ petitions, and subject to payment of prescribed fee within a period of three days from today in their respective colleges. The colleges in trun shall remit the examination fee to the second respondent -University forthwith. The result of the examinations taken by the petitioners shall not be declared without the leave of this Court.

(3.) LEARNED counsel for the petitioners submits that the interim order is granted by this Court on 7.6.2011 and consequently, the petitioners have already appeared for II Year BAMS examination and therefore leniency may be shown to the petitioners by condoning their lapses. He further submits that the amended rule relating to eligibility to appear for II Year BAMS Course was not brought to the notice of the students at the time of their initial entry to the Course. On these grounds, the learned counsel for the petitioners prays for allowing these writ petitions.