SANJEEV KUMAR AND ANOTHER Vs. THE COUNCIL OF HOMEOPATHIC SYSTEM OF MEDICINE AND SURGERY, PB AND ANOTHER

JUDGEMENT

(1.) Petitioners before me had got admission in the 1st year of Diploma Course of Homoeopathic (D.H.M.S.) in Aug., 1986, in the Lord Mahavira Homeopathic Medical College, Ludhiana. The 1st year and 2nd year examinations are held after one years duration each and the 3rd year examination is held after 11/2 years. In other words, the whole course lasts 31/2 years. The Examining Body is the Council of Homoepathic System of Medicine, Punjab (hereinafter called the Council). On Aug. 2, 1983, the Council had issued a letter giving concessions to candidates, who could not pass the entire examination in their first attempt in the annual examination. The letter dated Aug. 2,1983, reads as under:-

(2.) Letter dated 2nd Aug., 1983 had come up for consideration before a Division Bench of this Court in C.W.P No. 5481 of 1990, decided on March 27,1991, and it was held that the concession envisaged by letter would be admissible to the candidates who were admitted prior to the issuance of its withdrawal letter on Aug. 13, 1986 not to those candidates who were admitted after the issuance of the letter dated Aug. 13,1986.

(3.) As far as the facts pertaining to the petitioners are concerned, it may be observed that the process of admission to the 1st year course of D.H.M.S. for the session 1986-87 started somewhere in July, 1986, when the applications for admission were invited and interviews of the candidates were held in the month of Aug., 1986 and both the petitioners after interview were admitted on 17th Aug., 1986. Petitioner No. 1, Sanjeev Kumar had appeared in the annual examination of 1st year in 1987 and got re-appear in one subject and thereafter passed the said paper in the 1987 supplementary examination. He appeared in the annual examination of the 2nd year in the year 1988 and got re-appear in four subjects. In the supplementary examination of 1988, he got re-appear in one subject and appeared in the said subject in the annual examination in the said paper of 2nd year held in 1989, along with 3rd year examination. The petitioners 3rd years result was withheld on the ground that he could not have continued in 3rd year class after he had failed to clear the re-appear paper of 2nd year in the supplementary 1988 examination.