LAWS(KAR)-1986-9-5

SUDHAKAR Vs. COURT OF EXAMINERS IN HOMOEOPATHIC EDUCATION

Decided On September 03, 1986
SUDHAKAR Appellant
V/S
COURT OF EXAMINERS IN HOMOEOPATHIC EDUCATION Respondents

JUDGEMENT

(1.) Petitioners are students of BHMS, a four years course having joined in 1981-82 and 1982-83. Conduct of Course and Examination was then being regulated by Karnataka Board of Homoeopathic System of Medicine, as per resolutions made and/or circulars issued from time to time.

(2.) After promulgation of Homoeopathy (Degree Course) BHMS Regulations, 1983 (hereinafter referred to as 'Regulations'), framed by Central Council of Homoeopathy, under Sections 33 and 20 of Homoeopathy Central Council Act, 1973, conduct of examination is regulated by these Regulations.

(3.) Amongst others main grievance is against applicability of Regulation 11(vii) of the Regulations to petitioners. It is necessary to set out few more facts to know how petitioners are affected by application of this regulation. All these petitioners except petitioners in Writ Petitions Nos. 8222 to 8224 of 1986 yet to pass subjects like Anatomy and Physiology of I Year BHMS Course. Petitioners in Writ Petitions 8222 to 8224 of 1986, students of II Year BHMS course yet to pass Pathology. As per this provision, a candidate not passing examination of the year within four attempts is required to repeat the course and ATKT (allowed to keep term) procedure is obliterated. By applying Regulation 11(vii) of Regulations, they are required to repeat the course and benefit of ATKT is denied, Petitioners assert that they should be allowed to compute the course availing of ATKT and their grievance is that direction issued to repeat the course is illegal. Petitioners contend inter alia that rule which has come into force after they have joined the course is inapplicable. It is further contended that they have been permitted to put term in next class with benefit of carrying over failed subjects and direction now given to repeat the course causes inconvenience and great hardship.