Chethan Balappa Talwar vs Rajiv Gandhi University Of Health Sciences, 4th T Block, Jayanagar, Bengaluru - 560041, Represented By Its Vice Chancellor & Others

Sachin Shankar Magadum, J

The captioned writ petition is filed seeking following reliefs:

i. "Issue writ in the nature of Mandamus Directing the respondent No.1 to 3, to collect the examination fee and permit the petitioner to appear in the 1st year B.A.M.S course examination, in the interest of Justice and equity.

ii. Issue any other writ or direction in the nature of writ order or direction which this Hon'ble court may deem fit, in the facts and circumstances of the above said case, in the interest of justice and equity".

The petitioner who is pursuing BAMS Course has knocked the doors of the Writ Court alleging that though the petitioner has submitted a detailed representation to Respondent-University to permit him to take exams of first years BAMS Course, there is total inaction on the part of Respondent-University. The petitioner has placed reliance on the Notification dated 15.12.2021 issued by the National Commission for Indian System of Medicine (for short, 'NCISM') vide Annexure-D. The petitioner claim that in the light of the Notification issued by the NCISM, petitioner who was admitted under 2016 Regulations is entitled for three more chances over and above mercy chances as indicated in the 2016 Regulations.

Heard the learned counsel for the petitioner and also the learned counsel for the respondent. Perused the material on record.

It is apparent from records that the NCISM has issued a Notification dated 15.12.2021 regarding the representations received from the students, Universities, State Boards and State Governments all over the Country asking for the additional attempt to enable students to take examination as they have exhausted all attempts including mercy attempts under the clause 6(1)(c), 2(c) , 3(c) and 4(d) of MSE 2016. It is not in dispute that the petitioner was admitted under 2016 Regulations. The NCISM having taken cognizance of several representations submitted by students, Universities and State Board as well as State Government all over the Country where a request was made by the respective States and the Universities to grant additional admissions to appear in the examinations on account of COVID-19 pandemic, the NCISM, which is an Apex body has come up with a Notification as a one time measure permitting the students admitted under 2016 Regulations to avail three more chances. Since there is no dispute that the petitioner was admitted under 2016 Regulations, I am of the view that the petitioner is entitled to avail three more chances. Therefore, the first Respondent-University is bound to grant three more chances as indicated in the Notification vide Annexure-D. Therefore, I am of the view that this is a fit case where a mandamus be issued.

For the aforesaid reasons, the following:

ORDER

i. The writ petition is allowed;

ii. The first respondent-University is hereby directed to permit the petitioner to take up additional three chances as indicated in the Notification vide Annexure-D;

iii. If the petitioner approaches the first Respondent-University and deposits the prescribed fee, he shall be permitted to take up the ensuing exams;

iv. Since the ensuing examinations are scheduled on 25.07.2023, the standing counsel appearing for the University shall orally intimate and permit the petitioner to take the examination;