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Judgment
It is stated by learned counsel for the petitioners that petitioner Nos.1, 2, 3, 4, 6, 7, 8, 9, 10 and 12 were admitted to B.A.M.S. Course in the year 2016, whereas petitioner No.5 was admitted in the year 2014, petitioner No.11 in 2013 and petitioner No.13 in 2015, and after appearing in first year examination, their result was declared. It is also submitted by learned counsel that the petitioners failed in one or two subjects, however, were allowed to pursue their studies of Second Year B.A.M.S. Course. It is further submitted that all the petitioners have deposited the fee of their second year examination and have studied throughout the session but respondents are not allowing them to fill up their examination forms. Learned counsel has urged that this sort of action on the part of respondents is contrary to Clause (6) of Notification for Scheme of Examination dated 07.11.2016 (Annex.1). It is also submitted that the respondents are not permitting the petitioners to take up their Second Year/Professional Examination 2019.
Issue notice to the respondents. Notice of stay application also.
Notices are made returnable within six weeks, to be given 'dasti' to learned counsel for the petitioners.
In the meanwhile, respondents are directed to provisionally allow the petitioners to take up their B.A.M.S. Second Year Examination along with their First Year B.A.M.S. papers upon depositing requisite fee for examination.
However, it is made clear that the interim order shall not create any right or equity in favour of the petitioners at the time of final disposal. The respondents are also directed not to declare result of the petitioners without leave of the Court.