IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 55322/2018 ( Edn-Res) & WRIT PETITION No.55987/2018 ( Edn-Res) BETWEEN:
1. KARUNAKAR. H. N. S/O NAGENDRA H B AGED 20 YEARS R/O N 10, 1ST MAIN ROAD, 2ND STAGE PAPAIAH GARDEN K H B COLONY BASAVESHWARA NAGARA BENGALURU - 560079 2. BHARATH G B S/O BALARAMEGOWDA AGED 19 YEARS R/O N 10, 1ST MAIN ROAD, 2ND STAGE PAPAIAH GARDEN K H B COLONY BASAVESHWARA NAGARA BENGALURU - 560079 (BY SRI. ABHISHEK MALIPATIL, ADVOCATE A/W SRI DIVYATEJ.H.M. ADVOCATE ) AND:
... PETITIONERS 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS VICE CHANCELLOR / REGISTRAR 4TH BLOCK, EAST, PATTABHIRAMANGAR JAYANAGAR BENGALURU - 560041 2. CENTRAL COUNCIL OF HOMOEOPATHY REPRESENTED BY ITS SECRETARY JAWAHARLAL NEHRU BHARATHIYA CHIKITSA AVUM HOMEOPATHIC ANUSANDHAN BHAVAN 61-65 INSTIUTIONAL AREA, OPP D BLOCK JANAKPURI NEW DELHI -110058 3. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY AYUSH BHAVAN B BLOCK, G P O COMPLEX, INA NEW DELHI - 110023 4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AYUSH VIDHANA SOUDHA BENGALURU - 560001 ... RESPONDENTS (BY SRI. N K RAMESH, ADVOCATE FOR R1, SMT. NAGASHREE, ADVOCATE FOR R-2, SRI. C.SHASHIKANTHA, ASG FOR R-3, SMT. PRAMODHINI KISHAN, AGA FOR R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ORDER OR DIRECTIONS IN A NATURE OF WRITS TO THE R-1 AND OTHER RESPONDENTS TO MAKE NECESARY AMENDMENTS TO THE BHMS COURSE CURRICULUM BY ISSUING NOTIFICATION IN FAVOUR OF 2017-18 BATCH FIRST YEAR FAILED BHMS STUDENTS TO AVAIL CARRY-OVER SYSTEM AS WHICH IS AVAILABLE IN OTHER AYUSH COURSES BY REMOVING ODD BATCH SYSTEM WITH IMMEDIATE EFFECT / WHICH WILL COMMENCE FROM THE ACADEMIC YEAR 2017-18 AND ONWARDS WHICH EXISTS IN FIRST BHMS;
THESE PETITIONS COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The grievance of the petitioners is qua the respondent-University in not conducting the supplementary examination for the B.H.M.S., Course in terms of Central Council of Homeopathy Under Graduates Homoeopathy (Degree Course) B.H.M.S. Regulations, 1983, Regulation 13 (vii) whereof reads as under:
“13 (vii) There shall be a regular examination and a supplementary examination in a year and the supplementary examination shall be conducted within two months of declaration of results (including issue of mark sheets)”
2. The learned Sr. Panel Counsel for the respondent- University after arguing for some time fairly submits that, regardless of the legal contentions, this matter can be put to rest inasmuch as the supplementary examinations in question shall be conducted preferably within the month of February 2019 and that the petitioners would be permitted to take the examinations of the next level of the regular course if they pass in the imminent examination.
3. Keeping the statement made on behalf of the respondent-University on record, these writ petitions are disposed off.
4. Since holding of the supplementary examination and announcement of results thereof will take some time, the petitioners shall forthwith be permitted to attend the classes of the next level of the regular course which shall be subject to the result of their examinations in question and that the shortage of their attendance in the next level classes shall be leniently viewed by the University inasmuch the supplementary examinations in question are being conducted belatedly, with no fault attributable to the students.
Sd/- JUDGE Snb/