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Judgment
Sachin Shankar Magadum, J
The captioned writ petition is filed seeking following reliefs:
i Issue a Writ of Mandamus directing the Respondents 1 to 3 to accept the examination fee and permit the 1st Petitioner to appear for the ensuing 1st Professional BAMS Examination to be held from 25th July 2023 in the subject Padarth Vigyan/Ayurved Itihas..
ii. Issue a Writ Mandamus directing the Respondents 1 to 3 to accept the examination fee and permit the 2nd Petitioner to appear for the ensuing 1st Professional BAMS Examination to be held from 25th July 2023 in the subject Rachana Sharir
iii. Direct the 1st respondent to consider the representation dated 24.06.2023 and submitted by the Petitioners as per Annexures E and F, before the commencement of the ensuing 1st Professional BAMS Examinations
iv. Grant such other incidental relief which this Hon'ble Court may deem fit to grant in the circumstances of the case.
v. Allow this Writ Petition with costs.
The petitioners who are pursuing BAMS Course has knocked the doors of the Writ Court alleging that though the petitioners have submitted a detailed representation to Respondent-University to permit them 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 petitioners claim that in the light of the Notification issued by the NCISM, petitioner who were admitted under 2016 Regulations are 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 petitioners were 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 petitioners were admitted under 2016 Regulations, I am of the view that the petitioners are 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 petitioners to take up additional three chances as indicated in the Notification vide Annexure-D;
iii. If the petitioners approaches the first Respondent-University and deposits the prescribed fee, they 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 petitioners to take the examination;