DHANRAJ Vs. GULBARGA UNIVERSITY GULBARGA

JUDGEMENT

(1.) THE petitioner is a student of Bachelor of Ayurvedic Medicine and Surgery Course (in short, the 'bams' Course) prosecuting his studies in the 2nd respondent-N. K. Jabshetty Ayurvedic medical College, Bidar. The petitioner was admitted to the BAMS Course during the academic year 1993-94, the examinations whereof are conducted by the respondent-Gulbarga University (in short, the 'university' ).

(2.) THE present writ petition has been filed by the petitioner questioning the validity of the letter dated 9-7-1997 (Annexure-C) issued by the Registrar of the respondent University and the consequential communication made by the college authorities, restraining the petitioner from continuing the 'bams' Course on the ground that despite 4 attempts he has failed to clear all the subjects of the first phase of 'bams' Course.

(3.) THE 'bams' Course is governed by the Regulations for the Ayurvedacharya (Bachelor of ayurvedic Medicine and Surgery) Degree Course (in short, the 'university Regulations') framed by the respondent-University under Section 39 of the Karnataka State Universities Act, 1976 as also those framed by the Central Council of Indian Medicine (in short, the 'central Council')under Section 36 of the Indian Medicine Central Council Act, 1970 (in short, the 'central Act' ). The regulations framed by the Central Council under the Central Act are called 'central Council of Indian Medicine (Minimum Standards of Education in Indian Medicine) Regulations, 1986 (in short, the 'central Regulations' ). The University Regulations and Central Regulations provide for permissible attempts on the part of the students of BAMS course for completing the first professional examination after which the failed candidates will lose their right to continue with the studies.