SANJAY SHARMA Vs. THE STATE OF PUNJAB THROUGH THE SECRETARY TO GOVERNMENT, PUNJAB, DEPARTMENT OF HEALTH, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) Sanjay Sharma the Petitioner herein is a student. He has a grievance which would well be spelled out in the succeeding paragraphs. He seeks a suitable direction under Articles 226/227 of the Constitution of India against the Respondents.

(2.) Under the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963, there is established a faculty by the name of the Punjab State Faculty of Ayurvedic and Unani Systems of Medicines. It is an autonomous body and has within its domain the colleges imparting education in Ayurvedic and Unani Systems of medicine. One such college is Shri Dhanwantri Ayurvedic College, Sector 46, Chandigarh. The Petitioner after passing the Pre -University examination secured admission in the said college in August, 1983 for a 6 years B.A.M.S. Degree Course. The first year of that course is known as pre -Ayurvedic course.

(3.) The Petitioner continued with his studies for a year and sat in the first annual examination held in August/September, 1984, for the Pre -Ayurvedic course. The examination consisted of five subjects. The Petitioner, however, could pass only in one subject and was allowed to re -appear in the remaining four subjects. The Petitioner on the strength of such result was allowed to take provisional admission in August/September, 1984 for the first year course (which actually means course for the 2nd year of B.A.M.S.). The next supplementary examination was held sometimes later, and the result was declared in January, 1985 whereby the Petitioner was declared pass in two subjects and allowed to re -appear in the remaining two subjects of Pre -Ayurvedic Course. Then came the time for the next annual examination for Pre -Ayurvedic one year course and the annual examination for the first year course. Both were simultaneous. The Petitioner made an effort to appear in both of them, but the college and the faculty did not grant him permission to appear in the first year course. Then the Petitioner as permitted appeared in the Pre -Ayurvedic Course examination for the two re -appear papers and was ultimately declared successful.