OKESH KUMAWAT Vs. SARVEPALLI RADHKRISHNANA RAJASTHAN AYURVEDIC UNIVERSITY

JUDGEMENT

(1.) There are no lawyers appearing on behalf of the parties, as they are abstaining from the work.

(2.) Since similar controversy is involved in these writ petitions, they are being decided by this common order. In SBCW No.13769/2022, the following prayers are made:

(3.) The petitioners are the students of B.A.M.S and B.U.M.S of first year. Under the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine), Regulations 1986, as amended in 2016, maximum four attempts are provided to clear the B.A.M.S. and B.U.M.S first year Examination. Admittedly, the petitioners have attempted all four chances, but could not clear all the subjects. Therefore, they have been given one more chance, i.e., fifth attempt, which is a mercy attempt, at the instance of the Vice Chancellor, in which also the petitioners could not clear all the subjects. It is also an admitted position that considering the various representations and looking to the Covid-19 pandemic, the National Commission for Indian System of Medicine, Ayush Department, Govt. of India vide letter/order dtd. 15/12/2021 (Annex.3) has decided that students whoever admitted under the Regular 1986 Regulations (as amended in 2016) and could not pass examinations as per specified number of maximum attempts and duration, three more chances over and above mercy chances shall be allowed to them. It is further admitted position that they have been given two attempts because the third attempt which was actually the sixth attempt was not available to them due to the order/letter dtd. 15/12/2021 (Annex.3) being not in existence prior to 15/12/2021. In these circumstances, the petitioners have filed the present writ petitions.