Sanjay Kishan Kaul, C.J. - (1.) THE appellant got admission in the BAMS (Bachelor of Ayurvedic Medicine and Surgery) Course in respondent No. 2 -College in turn affiliated to respondent No. 1 -University. The course is split into three Profs of = years each with one year internship. Thus, the total period of the course is 5= years. The 1st Prof. of the BAMS Course is stated to consist of six subjects having 10 papers for which the examination was conducted in November/December 2011, where the appellant could not clear any of the papers. The ostensible reason given by the appellant is that his father was not keeping good health and was suffering from Coronary Artery Disease coupled with Diabetes Mellitus. Father of the appellant was admitted in the hospital in Ludhiana on 18.11.2011 and underwent by -pass surgery on 19.11.2011., being finally discharged from hospital on 29.11.2011. The appellant, thus, took his chances to re -appear in the examination in May/June 2012 and November/December 2012 but could not clear any of the subjects. He finally appeared in the 3rd and final re -appearance chance in all six subjects in May/June 2013 and managed to clear four subjects but could not clear two subjects i.e. Sanskrit and Ayurved Ka Itihas. The net result is that two subjects are outstanding qua the appellant and he has managed to clear seven papers out of ten papers, resultant in his declaration of result as "failed".
(2.) THE appellant alleges that he had attended the classes of BAMS 2nd Prof. but was not allowed to appear in the annual examination of BAMS 2nd Prof. held in May/June 2013. This apparently was so as the appellant had failed to clear 1st Prof. course only thereafter the occasion would arise for the appellant to pursue the 2nd Prof. The appellant sought a mercy chance to appear in the remaining two subjects (three papers) but was informed on 29.11.2013 that his request had been rejected. The appellant, thus, filed Civil Writ Petition No. 26944 of 2013 before this Court seeking to raise the case on a plea of disparity with another student Jaspreet Kaur, who had also not cleared BAMS 1st Prof. She is stated to have cleared only one subject and was given a mercy chance to clear the remaining papers. Another illustration given is of Amanpreet Kaur, who was given two mercy chances. This information was procured by the appellant under the Right to Information Act, 2005.
(3.) THE respondents in their stand before the learned Single Judge admitted that as per the Ordinance the Vice -Chancellor of the University can grant mercy chance (s) to the students. The relevant clause 9 (b) is reproduced as under: 9. First Professional Examination (shall be held on such dates so that the examination is completed by the end of one year and six months). (i) (a) The 1st Professional period shall be 18 months duration and the examination shall ordinarily be completed by the end of December. The supplementary examination of 1st Professional shall be held every six months. (b) Any candidate who fails to clear all the subjects of First Professional examination in four consecutive attempts including the first attempt in which he/she was eligible to appear shall not be allowed to continue his/her studies in BAMS course. However, a mercy chance may be allowed by the Vice -Chancellor at his discretion. (C) Any candidate who fails in one or more subjects in his/her first attempt shall be permitted to attend classes in Second Professional BAMS Course but he/she shall not be entitled to appear in 2nd Prof. Examination unless he has completed 18 months of study in 2nd Profession and has passed the first professional examination at least 6 months before.;