Rajiv Gandhi University Of Health ... vs Srushti D/O Surendra Badawadagi
2023 Latest Caselaw 7089 Kant

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                                                       NC: 2023:KHC-D:11979-DB
                                                       WA No. 100526 of 2023




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                          DATED THIS THE 9TH DAY OF OCTOBER, 2023
                                          PRESENT
                         THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                            AND
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                          WRIT APPEAL NO. 100526 OF 2023 (EDN-EX)

                 BETWEEN:
                 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
                 REP. BY ITS REGISTRAR, 4TH T BLOCK,
                 JAYANAGAR, BENGALURU-560041.
                                                                   ...APPELLANT
                 (BY SRI. AVINASH BANAKAR, ADVOCATE)

                 AND:
                 1.   SRUSHTI D/O. SURENDRA BADAWADAGI
                      AGE: 24 YEARS, OCC: STUDENT,
                      DR. B.D.JATTI HOMOEOPATHIC COLLEGE AND
                      COLLEGE AND HOSPITAL, DHARWAD.

                 2.   GURRAM LAKSHMI MANASA
                      D/O. GURRAM VENKATA SIVA NAGA HARI PRASAD,
                      AGE: 22 YEARS, OCC: STUDENT,
                      DR. B.D.JATTI HOMOEOPATHIC COLLEGE AND
                      COLLEGE AND HOSPITAL, DHARWAD.
JAGADISH T R
HIGH COURT
OF KARNATAKA
DHARWAD          3.   NASHRAH KHAN D/O. SHAAH MOHAMMAD KHAN
BENCH
2023.10.10
11:11:29 +0530
                      AGE: 22 YEARS, OCC: STUDENT,
                      DR. B.D.JATTI HOMOEOPATHIC COLLEGE AND
                      COLLEGE AND HOSPITAL, DHARWAD.

                 4.   ANGELEENA DEVI S/O. KUMAM BIMOL
                      AGE: 26 YEARS, OCC: STUDENT,
                      DR. B.D.JATTI HOMOEOPATHIC COLLEGE AND
                      COLLEGE AND HOSPITAL, DHARWAD.

                 5.   THE NATIONAL COMMISSIONER FOR HOMOEPATHY
                      REP. BY ITS SECRETARY,
                      OFFICE: INSTITUTIONAL AREA,
                      JANAKPURI D BLOCK,
                      NEW DELHI-110058.
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                                       NC: 2023:KHC-D:11979-DB
                                      WA No. 100526 of 2023




6.   DR. B.D.JATTI HOMOEOPATHIC AND
     COLLEGE AND HOSPITAL DHARWAD
     REP. BY ITS PRINCIPAL.
                                               ...RESPONDENTS
(BY SRI. SUNIL S. DESAI, ADVOCATE FOR R1 TO R4;
     R5 AND R6-DISPENSED WITH)
      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER DATED
19.07.2023 PASSED BY LEARNED SINGLE JUDGE IN W.P. NO.
104179/2023 AND ALLOW THE WRIT APPEAL BY DISMISSING THE
WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

                          JUDGMENT

This intra-Court appeal by Rajiv Gandhi University of

Health Sciences (for short, 'University) is directed against

impugned order dated 19.07.2023 passed in WP

No.104179/2023, whereby the said petition filed by

respondents No.1 to 4/writ petitioners was allowed by the

learned Single Judge.

2. Heard the learned counsel for the appellant and

learned counsel for the respondents No.1 to 4 and perused

the material on record.

3. The material on record discloses that respondents

No.1 to 4/writ petitioners were admitted to 3rd and 4th year

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BHMS course in Dr. B.D. Jatti Homoeopathic College and

Hospital, which is affiliated to appellant/University.

Respondents No.1 to 4 preferred the aforesaid petition

seeking direction to the appellant/University to permit them

to appear for 4th year BHMS course examination scheduled to

be held from 25.07.2023 and for further directions to the

appellant/University to declare the result of the said

examination and for other reliefs. The said petition having

been contested by the appellant/University, learned Single

Judge proceeded to pass the impugned order allowing the

writ petition by holding as under:

1. The petitioners who are the students studying BHMS Course in the 3rd respondent College are before this Court seeking for the following reliefs:

"(a) Issue writ of mandamus directing the respondent Nos.1 & 2 to consider the case of the petitioners students and permit them to appear for 4th year BHMS Course Examination scheduled to held during 25.07.2023 and further respondent No.1 to declare the result of the said examination, to meet the ends of justice; and

(b) Issue such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."

2. Heard the learned counsel appearing for the parties.

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3. It is the case of the petitioners that petitioner Nos.1 to 3 were admitted to the 3rd year BHMS Course in the month of February-2022 and the petitioner No.4 was admitted to the 3rd year BHMS Course in the month of August-2020 and now they intend to appear for their 4th year BHMS Course Examinations that is scheduled to be held from 25.07.2023 onwards. However, the respondent No.1 has not permitted them to appear for the said examinations on the ground that the petitioners have not completed the mandatory period of one and half years in the 4th year BHMS Course.

4. Learned counsel for the petitioners submits that since petitioner Nos.1 to 3 were admitted in the month of February-2022 along with similarly situated other th students, who are permitted to appear for the 4 year BHMS Course Examination, there is no justification on the part of respondent No.1 to deny the petitioners an opportunity to appear for their 4th year BHMS Course Examination. He submits that petitioner No.4 was admitted in the month of August-2020 and even her case is not being considered by the 1st respondent on the ground that she has not completed the mandatory period of one and half years in the 4th year BHMS Course.

5. Learned counsel appearing for the 1st respondent has placed reliance on Clause 6a of the Regulations of the respondent No.1 governing BHMS Course Study and submits that from the date of petitioners completing their 3rd year BHMS Course Examination, they should have undergone one and half year Course in the 4th

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year BHMS Course and it is only thereafter they would be eligible for appearing for the 4th year BHMS Course Examination.

6. A reading of Clause 6 of the aforesaid Regulations, vide Annexure-E would go to show that the said clause relates to the schedule for conducting the Annual Examinations to the BHMS Course by the University. Relevant portion of Clause 6 of the Regulations reads as follows:

"6. University Examination:

The University shall conduct two examinations annually with an interval of not less than four to six months between the two examinations.

      a.     Schedule of Examination

      I      BHMS - The first year BHMS examination shall be at

the end of 12 months (ONE year) after admission.

II. BHMS - The second year BHMS examination shall follow ONE year of course of study after I BHMS examination.

III. BHMS - The third year BHMS examination shall follow ONE year of course of study after the II BHMS examination.

IV. BHMS - The fourth year BHMS examination shall follow ONE AND HALF year of course of study after the III year BHMS examination."

7. From the reading of the aforesaid clause, it is very clear that the same is not applicable to the students and it is a schedule, which is required to be followed by the University for conducting the Annual Examinations of the BHMS Course. Undisputedly, the petitioner Nos.1 to 3 were admitted to the 4th year BHMS Course in the month of February-2022 and the petitioner No.4 was admitted to the 4th year BHMS Course in the month of August-2020. As per

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clause 10c of the Regulations, a candidate for the purpose of being eligible to appear for the 4th year BHMS Course examination must have passed 3rd year BHMS Course Examination at least one term (six months) before he / she is allowed to 4th year BHMS Course Examination. The material on record would go to show that the petitioner Nos.1, 2 & 4 have cleared their 3rd year BHMS Course Examination in the month of June-2022 and the petitioner No.3 has cleared her 3rd year BHMS Course Examination in the month of December-2021. Therefore, the petitioners are eligible to be permitted to appear for the 4th year BHMS Course Examination. However, the respondents have misread the Regulations and have denied the permission to the petitioners to appear for their 4th year BHMS course examination scheduled to be held from 25.07.2023 onwards. Under the circumstances, the petitioners have made out a case for granting the reliefs sought for in the writ petition. Accordingly, the following:

ORDER

The writ petition is allowed. Respondent Nos.1 & 2 are directed to consider the case of the petitioners and permit them to pay the examination fee and also to appear for the 4th year BHMS Course Examination that is scheduled to be held from 25.07.2023 onwards. Respondent No.1 is also directed to declare the results of the petitioners in respect of the examinations that they are permitted to appear on the strength of the orders passed by this Court. ]

4. A perusal of the material on record including the

impugned order will indicate that while the appellant

contended that Clause-6 of the Rajiv Gandhi University of

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Health Sciences Regulations were applicable to the

respondents No.1 to 4/students, respondents No.1 to 4/writ

petitioners contended that Clause-6 of the said Regulations

was not applicable and it was Clause-10 which provides for

eligibility criteria for respondents No.1 to 4 to take up the

examination, which was applicable to them and not clause-6,

which merely provides timeline to the appellant/University to

conduct examination and does not provide eligibility criteria.

After hearing the parties, the learned Single Jude took into

account the said RGUHS Regulations and came to the correct

conclusion that Clause-6 of the Regulations merely provide

timelines to the appellant/University to conduct examination

and eligibility criteria for respondents No.1 to 4 are

prescribed only in Clause-10, which had been fulfilled and

complied with by respondents No.1 to 4 herein who were

consequently, entitled to take up 4th year BHMS examination.

In our considered opinion, the impugned order passed by the

learned Single Judge is based on the correct interpretation of

both Clause-6 and 10 of the RGUHS Regulations and the

same cannot be said to be contrary to law or material on

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record warranting interference by this Court in the present

writ appeal, which is devoid of merits and same is

accordingly, dismissed.

5. Further, since respondents No.1 to 4 have

appeared in 4th year BHMS examination, which was

conducted on 25.07.2023 onwards pursuant to the impugned

order, the appellant/University is directed to announce the

results of the said examination within a period of fifteen days

from today.

Pending applications, if any, do not survive for

consideration and accordingly, they are disposed off.

Sd JUDGE

Sd JUDGE

JTR