G.C. Mital, J. - (1.) This is a writ petition for the issue of writ of mandamus directing the respondents to allow the petitioner to appear in the 4th year class of B.A.M.S. examination. The brief facts of the case are as follows :
(2.) The petitioner was admitted to B A.M.S. degree course by respondent No. 3 in the year 1985. The petitioner's registration No. is 85-GAC-II. The petitioner qualified pre-Ayurveda examination but, however, in the first year degree course, the petitioner was placed under compartment in the subject of 'Astahg Sangraha'. This examination was conducted in April 1987. provisions of Regulation 12 which governs the case of the petitioner permit a candidate to clear the subject in which he has bee.i placed under compartment and in the meantime he can continue studying in the higher classes. The provisions of Regulation 12 reads as under : "12. A candidate who fails in one or more paper (s)/subject (s) of having been eligible fails to appear in the annual examination shall have to clear the lower examination in the next four consecutive chances. Such a candidate will be promoted provisionally to the next higher class only. For promotion even on provisional basis, from part-11 to part-111, a candidate shall have to pass in all the papers of part-I examination. Similarly, for promotion from part-111 to part-IV or from part IV to part-V, a candidate shall have to clear all the papers/subjects of part-I I or part-III examination respectively. While appearing in the four consecutive chances, the candidate will continue to appear in the next higher examination and his result for the higher examination will be declared provisionally, till he clears the lower examination under four admissible chances. In case the candidate does not clear the lower examination under four consecutive chances, he shall be declared to have failed in the lower examination and shall not be permitted to re-appear in the lower examination unless he attends a fresh course of studies for one academic year/session and his result for the higher examination shall stand cancelled (B.C. Reso. No. 32 of 12.9.1985)." In view of the regulation, the petitioner got admission in the 2nd year class and he was considered eligible to appear in the 2nd year examination to be held in April 1988. The petitioner has stated in the writ petition that he appeared in the examination. The result of the examination was declared on 24.1.1989. but the petitioner's result was shown as 'Result later On ' The result of the petitioner was finally declared on 10.4.1989 and he was declared successful provisionally. The result of the petitioner was declared provisionally because the petitioner did not clear one paper in which he was placed under suspension. The petitioner appeared in April 1989 in the subject of 'Astang Sangraha' under Roll No. 2179 and he was declared successful on 4.7.1989. The petitioner claims that according to the regulations of the University, he is entitled to be admitted in the third year class, even though he has not cleared the paper in Which he was placed under compartment. The petitioner further claims that he was entitled to appear in the examination to be held in April, 1989. The petitioner requested the respondents by means of application to appear in the examination to be held in April 1989 but his request was declined. The petitioner represented to the respondents for permission to appear in the 3rd year examination which was scheduled to be held in the month of September l989. However, the request was declined. Thereupon, aggrieved by this order, the petitioner filed C.W.P. No. 11718 of 1989 in this Court. The said writ petition came up for hearing before M.M. Punchhi and A.L. Bhari, JJ on 13.9.1989, The Bench allowed the petitioner to sit in the supplementary examination of B.A.M.S. Ill year which was to start on 17.9.1989. The petitioner has stated in the writ petition that in view of the order of the Division Bench, the petitioner appeared in the examination. He further states that the result of this examination was declared on 27.10.1989 but in the case of the petitioner his result was again shown as 'R.L.' Thereupon the petitioner moved Civil Misc. No. 19688 of 1989 which came up for hearing before Hon'ble Mr. Justice G.C. Mittal on 27.11.1989 and his Lordship directed the respondents to declare the result of the petitioner. The result of the petitioner of B.A M.S. Class III has been declared, and he has been declared successful. The petitioner claims that he is entitled to be admitted in the 4th year class but the respondents illegally did not allow him admission. He, however, claims that he has been attending 4th year degree classes with effect from 15.9.1989. On the basis of these facts, the petitioner claims that he is entitled to be admitted in the 4th year class and he should be allowed to appear in the 4th year examination.
(3.) The respondents have filed written statement through Dr. L.N. Dahiya, Registrar, Maharshi Dayanand University, Rohtak. They have contested the claim of the petitioner. It is admitted in the written statement that the petitioner has qualified 3rd year examination of B.A.M.S. course. The stand of the petitioner in para No. 10 of the petition that he has been attending classes with effect from 15.9.1989 has not been controverted. So, the stand taken by the petitioner has to accepted as correct.;