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High CourtsSingle Bench(2010) 12 KAR CK 0117

Sri Mahaboob Basha M. vs The Registrar, Rajiv Gandhi University of Health Sciences and The Principal, Govt. Unani Medical College

Karnataka High Court · Decided on 13 December 2010

HON’BLE JUDGES
S. Abdul Nazeer, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 39003 of 2010

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Judgment

4 paragraphs · 365 words

S. Abdul Nazeer, J.—The Petitioner had joined the Government Unani Medical College, Bangalore, for the study of BUMS Course for the academic year 2007-08. The I Phase of BUMS course consists of six subjects. He had passed in 5 subjects of I Phase of the said course and has failed in one subject, i.e., ''Arabic''. The University did not permit him to appear for the examination in the said subject as he had availed three chances in accordance with the Revised Ordinance governing BUMS course. That is why the Petitioner has filed this writ petition seeking a direction to the Respondents to permit him to appear for the examination in the subject ''Arabic'' scheduled to commence from 20.12.2010.

2.

I have heard the learned Counsel for the parties.

3.

It is not in dispute that Petitioner had appeared for the examination thrice in the aforesaid subject. That is why the University did not permit him to appear for the examination for the 4th time. Ordinance No. 8 governing Bachelor of Unani Medicine and Surgery Course states that a candidate, who does not pass first professional examination In three opportunities, shall not be allowed to continue his/her studies. However, in case of personal illness of a serious nature of a candidate, the Vice-Chancellor may permit one more opportunity. In the petition, the Petitioner has stated that when he had appeared for the examination on the last occasion, he was suffering from serious illness. That is why he could not pass in the said examination.

4.

It is thus evident that on account of his illness, he could not pass in the examination in the aforesaid subject. Having regard to the facts and circumstances of the case, it is just and proper to grant the Petitioner a last opportunity to appear for the examination in the subject ''Arabic''. Petitioner has already paid the examination fee for his appearance in the above examination scheduled to commence on 20.12.2010. I direct the Respondents to permit the Petitioner to appear for the examination of the I Phase of BUMS course in the subject ''Arabic'' scheduled to be held from 20.12.2010. Writ petition is allowed in the aforesaid terms. No costs.