RAMSWAROOP MEENA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) Petitioners, in all 10 in number, are students of B.A.M.S. (Bachelor of Ayurvedic Medicine and Surgery) in different colleges affiliated with the University of Rajasthan, Jaipur. Other 23 students have also prayed for being joined in the petition, and they have been permitted to be so joined. Their names are mentioned in Schedule-A to the writ petition.

(2.) The petitioners have challenged the constitutional validity of provisions of Rajasthan University Ordinance No. 329. N.19(e), (f) and (g). It is further prayed that the provision contained in Ordinance 329. N-19 (b) to (n) may be held to the invalid to the extent of repugnancy with the Regulations of 1986 and it be directed that they are not enforceable to the extent of repugnancy. By way of further prayer, it is prayed that the non-petitioners be directed to allow the petitioners to pursue studies for the second professional examination without any interruption and the non-petitioner be also directed to permit the petitioners to appear in the second professional examination to be held sometime in December, 1995 as per the provisions of Regulations 8.1 and 8.2 framed by the Central Council of Indian Medicine. The petitioners have further prayed that any other relief which may be deemed just and proper, may also be granted.

(3.) Petitioners belonged to the batch of March, 1992. They were admitted in B.A.M.S. Course after they passed Pre-Ayurved Test, which is an integrated course spread over 4 1/2 years. It is divided into first, second and third professional examination which is to be undertaken at the interval of one year and a half. Petitioners appeared in the first professional examination which was held in October, 1993, result whereof was declared on May 24, 1994 i.e. after a period of about seven months from the date of examination. Petitioners could not clear all the papers of the first professional examination. The course for the second professional examination started and initially up to October, 1994 petitioners were allowed to sit in the classes of second year professional course. Supplementary examination for the students who had not passed all the papers of the first year professional course, was held from 2911-1994 to 29-12-1994 in respect of theory papers. Practical examination was held on March 8-9, 1995. Till the writ petition was filed, the result was not declared. However, it appears that the result has been declared on May 24, 1995. In the month October, 1994, the college authorities told the petitioners that they would not be allowed to sit in the classes for second professional examination. Thus, the students who had already appeared in the first professional examination but could not clear all the papers and were required to clear one or more papers of the first professional examination in the three chances available to them as per the appropriate provision of the Ordinance of the University and the Regulations framed by the Indian Medicine Central Council, were told in October, 1994 that they would not be permitted to attend the classes of second professional examination. On enquiry, they were told that as per the provisions of Ordinance 329.N.19(f), framed by the University, they could not be allowed to take instructions for the second professional examination till they pass all the papers of the first professional examination.