Learned counsel for the petitioners appeared.
Shri Shashi Prakash Singh appeared for opposite parties no.1 and 2.
Shri Jagjeet Singh has filed vakalatnama on behalf of opposite party no.3, which is taken on record.
Heard learned counsel for both parties.
Learned counsel for the petitioners contended that the petitioners are not being allowed by opposite parties to participate in BUMS (2nd Professional) Exam on the ground that they have passed the BUMS (1st Professional) Exam by giving back papers/supplementary exam, while candidates mentioned in para 12 of the writ petition, who have also passed BUMS (1st Professional) Exam alongwith petitioners by giving back papers/supplementary exam are being allowed to participate in the BUMS (2nd Professional) Exam scheduled to be held from 16.6.2014.
Learned sanding counsel for opposite parties parties no. 1 and 2 contended that the petitioners were failed in BUMS (1st Professional) Exam, hence they are not entitled to appear in BUMS (2nd Professional) Exam.
Learned sanding counsel for opposite parties parties no. 1 and 2 has placed copy of general instructions issued by Central Council of Indian Medicine, Department of Ayush, Government of India in which in the heading of appearance in examinations it has been mentioned that the academic session of the first Professional Course will start from 1st of July and end in December next year. The examination shall ordinarily be held during the month of November/December. The subsequent first Professional examination will be held every six months. Candidates shall be allowed 3 successive opportunities in order to pass the Ist Professional Examination. However, a student failed in not more than two subjects other than Tashrihul Badan, Munafe-ul-Aza and Umoor-e-Tabiya of Ist Professional Examination may be allowed to keep term in IInd Professional Course. Only those students who passed in all subjects, in Ist and Iind Professional Exams, shall be allowed to take on the IInd Professional Course.
Above lines of instructions issued by Central Council of Indian Medicine, Department of Ayush, Government of India shows that candidates shall be allowed three 3 successive opportunities in order to pass the Ist Professional Examination. However, students failed in not more than two subjects other than Tashrihul Badan, Munafe-ul-Aza and Umoor-e-Tabiya of Ist Professional Examination may be allowed to keep term in IInd Professional Course.
According to the petitioners they have passed Ist Professional in back papers and copy of their marksheets have been attached with writ petition.
Learned sanding counsel for opposite parties parties no. 1 and 2 has not denied the fact that the petitioners have passed in back papers. Therefore, prima facie it appears that when petitioners has cleared Ist Professional exam in back papers they should be permitted to appear in 2nd Professional Course.
In view of above, opposite parties are directed to permit the petitioners to appear in BUMS (2nd Professional) Examination subject to the final order to be passed in this writ petition.
Opposite parties may file counter affidavit within four weeks. The petitioners may file rejoinder affidavit within two weeks thereafter.
List after six weeks for hearing before the appropriate Bench.
Order Date :- 16.6.2014 R.U.