RAHUL KAPOOR Vs. GURU RAVIDAS AYURVED UNIVERSITY

JUDGEMENT

(1.) THE appellant got admission in the BAMS (Bachelor of Ayurvedic Medicine and Surgery) Course in respondent No. 2 -College in turn affiliated to respondent No. 1 -University. The course is split into three Profs of = years each with one year internship. Thus, the total period of the course is 5= years. The 1st Prof. of the BAMS Course is stated to consist of six subjects having 10 papers for which the examination was conducted in November/December 2011, where the appellant could not clear any of the papers. The ostensible reason given by the appellant is that his father was not keeping good health and was suffering from Coronary Artery Disease coupled with Diabetes Mellitus. Father of the appellant was admitted in the hospital in Ludhiana on 18.11.2011 and underwent by -pass surgery on 19.11.2011., being finally discharged from hospital on 29.11.2011. The appellant, thus, took his chances to re -appear in the examination in May/June 2012 and November/December 2012 but could not clear any of the subjects. He finally appeared in the 3rd and final re -appearance chance in all six subjects in May/June 2013 and managed to clear four subjects but could not clear two subjects i.e. Sanskrit and Ayurved Ka Itihas. The net result is that two subjects are outstanding qua the appellant and he has managed to clear seven papers out of ten papers, resultant in his declaration of result as "failed".

(2.) THE appellant alleges that he had attended the classes of BAMS 2nd Prof. but was not allowed to appear in the annual examination of BAMS 2nd Prof. held in May/June 2013. This apparently was so as the appellant had failed to clear 1st Prof. course only thereafter the occasion would arise for the appellant to pursue the 2nd Prof.

(3.) THE respondents in their stand before the learned Single Judge admitted that as per the Ordinance the Vice -Chancellor of the University can grant mercy chance (s) to the students. The relevant clause 9 (b) is reproduced as under: