HARENDER SINGH, Vs. UNION OF INDIA

JUDGEMENT

(1.) IN these writ petitions, petitioners have sought for a direction to the 3rd respondent -Rajiv Gandhi University of Health Sciences, to transfer them from the 5th respondent - College to any other College offering B.A.M.S. course recognized by respondents 1 & 3 to prosecute their studies in the first year B.A.M.S. Ayurvedic course. They have also sought for a direction to the 5th respondent -College to return all the documents which they have furnished at the time of admission without collecting any further fees.

(2.) THOUGH these batch of writ petitions had been filed by nine persons, the other students viz., 2nd petitioner -Harendhar Singh, 3rd petitioner -Manoj Kumar, 7th petitioner -Rahul Dev and 8th petitioner -Ramawatar, have already withdrawn the petition. Therefore, the grievance made by the remaining petitioners is only considered.

(3.) THE facts stated in the petitions would reveal that petitioners are admitted to the 5th respondent -College to prosecute their studies in the B.A.M.S. course for the academic year 2011 -12. According to the petitioners, they bona fide believed that 5th respondent was duly recognized to admit the students and impart training and education in the course for the academic year 2011 -12. It is alleged by them that examinations due to be held in December 2012 for the first year course were not held in the college and therefore the petitioners made inquiry with the management. They were informed that there was some problem with the admissions and that once the problem was solved, examinations will be held. It is contended by them that they took supplementary examinations for the first year B.A.M.S. course in June 2013, but the results of the same were not announced. Thus, they contend that they have been pushed into total darkness regarding their future career. They have appeared for the supplementary examination in June 2013 based on the interim order passed by this Court in W.P.No.21061 -100/2013. The interim order passed in the said writ petition makes it clear that results of students shall not be declared until further orders. These writ petitions were filed on 17.12.2013 when the examinations for first year B.A.M.S. course was to commence on 19.12.2013, making a grievance that their results of the first year had not been announced nor they were aware of their requirement to appear for the subjects of the first year B.A.M.S. course, if they had failed therein. They sought for an interim order to announce the results of the first year B.A.M.S. course and consequently to direct the 3rd respondent -University to permit the petitioners to appear for supplementary examinations in the failed subjects of first year B.A.M.S. course. On 12.06.2014, when this matter was listed, this Court passed the following order: -