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Judgment
B.S. Patil, J.—Petitioner is studying in the 2nd respondent-College pursuing her 5 1/2 years course in Bachelor of Homoeopathic Medical Science (''BHMS'', for short). She was admitted to the 1st year BHMS course during the academic year 2009-10. It is not in dispute that the relevant regulation framed by the Central Council of Homeopathy known as Homoeopathy (Degree Course) BHMS Regulations, 1983 (as amended upto September, 2003) provide that no candidate shall be given more than four chances to appear in the first year of BHMS Degree Examination in the same subject. However, as per Clause 3 of Regulation 14, there is a power conferred with the 1st respondent-University to relax this requirement, if it is satisfied that the operation of any of these regulations causes undue hardship in any particular case. Power to relax the requirement as provided under Clause 14(iii) of Homeopathy (Degree Course) BHMS Regulations, 1983 reads as under:-
14(iii) Power to relax:
Where any University, or Medical ''institution in India which grants medical qualification, is satisfied that the operation of any of these regulations causes undue hardship in any particular case, that University or Medical Institution as the case may be, may by order, for reasons recorded in writing, dispense or relax the requirement of that regulation in such as extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner.
Petitioner has submitted a representation dated 06.12.2012 vide Annexure-C bringing to the notice of the University that she could not fair well in her studies due to her ill-health and therefore, she could not complete the 1st year BHMS Degree Course within the maximum of four chances permissible. This representation addressed to the 2nd respondent-College has been forwarded to the 1st respondent-University along with the recommendation of the Principal as is evident from Annexure-D. When this request made seeking permission for additional attempt to clear the first year subjects was not considered, petitioner has renewed her request by submitting another representation dated 11.12.2012 through the College along with necessary recommendations of the College. This is evident from Annexures-E and F. As the petitioner has not received any favourable response from the 1st respondent-University, the present writ petition is filed seeking a direction to the 1st respondent-University to consider the representations dated 06.12.2012 and 11.12.2012 vide Annexures-C and E for relaxation of the rigor of the regulations exercising the power conferred under Clause 14(iii) of the Regulations to give one more opportunity to the petitioner to write the 1st year BHMS examination scheduled to be held on 16th January 2013.
Pursuant to an interim order granted on 18th December 2012, petitioner has been permitted to pay the examination fees and to appear for the examination in the subject Anatomy scheduled to be held on 16.01.2013 subject to further orders to be passed in this writ petition.
It is submitted by the learned Counsel for the petitioner that petitioner has taken the said examination but the results are not yet announced. Learned Counsel for the petitioner submits that in similar circumstances, this Court in W.P.No. 3187/2008 disposed of on 09.03.2009 has issued directions to the respondent No. 1-University to consider the representations submitted by a similarly placed student for relaxing the rigor of the Rules. He therefore, contends that as the petitioner has made out good grounds for exercising the power conferred under Clause 14(iii) of the Regulations, the 1st respondent may be directed to consider the representations by permitting her to complete the course by declaring her results.
Learned counsel appearing for respondents submits that there is no vested right in the petitioner to seek such a direction.
On consideration of the respective contentions, I find that the petitioner is right and justified in seeking a direction to the University to consider the representations submitted by her.
It is not in dispute that power is vested with the 1st respondent to pass necessary orders for reasons to be recorded in writing relaxing the rigor of the Rules in any given case. Therefore, it is absolutely essential that when a candidate makes a representation bringing to the notice of the respondents the difficulties faced by her in not completing the course within the prescribed minimum attempts, then the first respondent is required to consider such representations and pass necessary orders as early as possible. Such an exercise is not undertaken by the 1st respondent. Hence, a direction is required to be issued to the 1st respondent to consider the representations submitted by the petitioner. Petitioners is permitted to produce additional supporting materials that she may chose to produce along with a copy of this order and then the 1st respondent-University shall pass necessary orders for relaxation of the rigor of the Rules as provided under Clause 14(iii) of the Regulations, 1983 by considering the request on merits and in accordance with law. Petitioner is given a week''s time from the date of receipt of a copy of this order to file any additional representation along with necessary documents, if she so chooses. The 1st respondent-University shall take necessary decision in matter within a period of two weeks, thereafter.
It is made clear that the announcement of the result of the petitioner will dependent on the decision to be taken by the University. If the decision to be taken by the University goes in favour of the petitioner, the result shall be announced forthwith.
The writ petition is accordingly allowed