PRANAV KUMAR MITHILESH RAI AND MR. KAILASHCHANDRA Vs. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REGISTRAR, 4TH "T" BLOCK, REPRESENTED BY ITS JAYANAGAR, BANGALORE - 560041 AND THE PRINCIPAL, GOVERNMENT AYURVEDIC MEDICAL COLLEGE, ANAND RAO CIRCL

JUDGEMENT

(1.) THE petitioners are seeking a writ of mandamus to the respondents to allow them to appear for the forthcoming second year examination of BAMS Course commencing on 21.6.2012. The facts of the case in brief are that the petitioners took admission to BAMS Course for the academic year 2009 -10 at Kannada Balaga Societies Rural Ayurvedic Medical College ("KBSRAMC' for short), Auto Nagar, Belgaum. The first year of the said Course consists of 18 months. The petitioners appeared for the first year examination of the said Course in January 2011, the results of which were announced in March 2011. Thereafter, when they were in the second year of the Course, KBSRAMC was de -recognized by the Central Council for Indian Medicine CCCIM' for short) on 8.6.2011. The petitioner No. 1 along with the other students of KBSRAMC filed W.P. Nos. 66082 - 66090/2011 and petitioner No. 2 along with other students of KBSRAMC filed W.P.Nos.66251 -66255/20 1 before this Court's Circuit Bench at Dharwad. Pursuant to the order passed in the said case, the petitioners were transferred to the second respondent Government Ayurvedic Medical College, Bangalore on 3.12.2011. They have been attending the classes regularly at the second respondent College from 21.12.2011, the date of their admission. The 7,econd year BAMS examination is scheduled to commence on 21 6.2012. On the ground of the shortage of attendance (from March 2011 till December during period the petitioners were studying at KBSRAMC, Belgaum), the petitioners have not been permitted to appear for the forthcoming examination.

(2.) SRI Murugesh, the Learned Counsel for the petitioners submits that the petitioners have always been attending the classes first at KBSRAMC, Belgaum and later at the second respondent College, Bangalore. He submits that they are transferred to the second respondent College after studying for about 7 -8 months at KBSRAMC, Belgaum. For no fault on their part, they are being refused the permission to appear for the examination on the ground of the shortage of attendance.

(3.) SRI R. Omkurnar, the learned Additional Government Advocate appearing for the respondent No. 2 submits that the petitioners, having joined the second respondent College only on 21.12.2011, have missed the classes for about 8 months at the second respondent College. He also fairly submits that from 21.12.2011, that is, the date of their joining the second respondent College, they have been regular to the College. He further submits that even when they have been regular from 21.12.2011, they fall short of the requisite attendance of 80% on account of their missing classes from March 2011 to 21.12.2011.