NIVEDITA V KARANJE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners herein had appeared at the First Year Bachelor of Homeopathic Medicine and Surgery (B. H. M. S.) conducted by the Rajiv Gandhi University of Health Sciences, held in the month of May 1998. But they were declared failed since they had not secured the minimum pass marks of 50%. Subsequently, they had made a representation before the University to grant grace marks, in view of the letter dated 9-7-1997 written by the Secretary of the Central Council of Homeopathy (Annexure-A) under which a discretion was given to the University to grant grace marks up to 3% or 10 marks whichever is less, to the students who have failed only in one subject and have passed in all other subjects.

(2.) ). The letter dated 9-7-1997 at Annexure 'a' seems to have been written pursuant to some discussions which had taken place in a meeting of the Central Council. Since the petitioners have not received any favourable reply or action from the University, they have approached this Court under the writ jurisdiction with the following prayers:'

(3.) THE course in question is governed by the provisions of the Central Act namely. The Homeopathy Central Council Act, 1973 (in short, the Act) and the Regulations framed thereunder called Homeopathy (Degree Course) Regulations, 1983 (in short, the Central Regulations ). These Regulations have been framed by the Central Council under Section 33 of the Act.