S.R. RAJASTHAN AYURVED UNIVERSITY Vs. DINESH KUMAR

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 25/5/2023 passed by the learned Single Judge, whereby the writ petition preferred by the respondent Dinesh Kumar claiming benefit of the circular dtd. 25/2/2022 (Annexure-8 to the writ petition) issued by the National Commission for Homeopathy, New Delhi, has been allowed and the respondent has been granted the benefit holding him entitled for three more chances for clearing the BHMS second year examination.

(2.) The appellant has assailed the impugned order on the ground that the said circular dtd. 25/2/2022 issued by the National Commission for Homeopathy would be applicable to the students who could not pass the examinations in one or more subjects in the years 2020 and 2021, in view of the Covid-19 pandemic situation. He asserts that the benefit of the said instructions was only limited to those students, who after the breaking out of the Covid-19 pandemic, were unable to participate or clear the examinations in the years 2020 and 2021 as Covid-19 pandemic was declared in March 2020 and thus, the said circular would not be applicable to the examinations which had taken place prior thereto. It is stated that all written examinations were held by the end of December 2019 and only one examination that too practical examination was held on 2nd and 3/1/2020. Even the session and the examination was for 2019. On this basis, it is asserted that the benefit of the said circular dtd. 25/2/2022 would not be available to the respondent.

(3.) Reliance has been placed upon the Division Bench judgment of this Court at Jaipur Bench in Manish Sharma vs. Central Council of Homeopathy and Ors. [D.B. Civil Special Appeal (Writ) No.1258/2022 decided on 16/12/2022] where the scope, ambit and applicability of the circular dtd. 25/2/2022 issued by the National Commission for Homeopathy was considered and the claim for benefit of the said circular was denied to the similarly placed students. Prayer has, thus, been made for allowing the present appeal and setting aside the order passed by the learned Single Judge.