BHARATH B.K. Vs. THE GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioners in all these petitions are before this Court seeking benefit under the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine), (Amendment) Regulations, 2012 published on 25.04.2012 with subsequent amendment on 22.05.2013 as at Annexure -F to the petitions. In that light, the petitioners are seeking consideration of their representation. The petitioners are also seeking quashing of the amended notification dated 19.09.2006 issued by the third respondent -University.

(2.) THE case as pleaded in W.P. Nos. 58586 -58676/2013 is taken for the purpose of narration of, facts. The petitioners are the students of 2nd and 3rd year professional course, Bachelor of Ayurvedic Medicine and Surgery ('BAMS' for short) being awarded by the third respondent -University. They are studying in different. Government as well as private colleges which are affiliated to the University. They have been admitted to the said course during the academic years 2007 -2008 onwards up to 2010 -2011 in their respective cases.

(3.) THE respondents have filed their objection statement seeking to justify their action. The case of the respondents is that the admissions of the petitioners herein to the said course was prior to the implementation of the regulations dated 25.04.2012. It is therefore contended that the provisions which contained under the notification dated 09.05.2004 based on which the "admissions had been secured by the petitioners would be applicable to the petitioners. In that view, it is contended that when the said regulations provide for the maximum attempts and when the petitioners have exhausted such attempts, certainly, the petitioners cannot at this juncture seek for the relief by contending that they are similar in case of the students who are admitted as per the regulations provided under the notification dated 25.04.2012. It is also contended that a decision is being taken by respondents No. 1 and 2 to amend the regulations dated 25.04.2012 to impose such condition of maximum attempts in examination, so as to improve the standard of education. Hence, the prayer as sought in these petitions is opposed.