- (1.) This judgment shall dispose of Civil Writ Petitions No. 15772, 16353, 16376 and 17793 of 2007 as common question of law and fact is involved therein.
(2.) The facts are narrated from C.W.P.No. 15772 of 2007 titled as Manjot Kaur v. Baba Farid University of Health Sciences and others. The petitioner appeared in the entrance test conducted by Baba Farid University of Health Sciences, Faridkot for B.A.M.S. Course. He qualified the test and got admission in Guru Nanak Ayurvedic College, Muktsar in the said course, in the month of August, 2003. According to the petitioner, the duration of the course, referred to hereinbefore was 4 and a half year with one year internship. There are three professional examinations of this course, which are conducted after one and a half year each, by the University. The petitioner appeared, in the annual examination of Ist Professional, in the month of November-December, 2004. Unfortunately, the petitioner got re-appear. She was promoted to the Second Professional. However, she was not allowed to sit in the examination on account of the reason that she should in the first instance, clear the re-appear of Ist Professional. The petitioner cleared the re-appear of Ist Professional in May, 2006. Thereafter, she appeared in the Second Professional examination, in November-December, 2006 and passed the said examination. Thereafter, she was promoted to the third Professional examination, in January, 2007. Since, the third Professional examination, is going to be conducted in the month of November-December, 2007, the petitioner approached the respondents, to allow her to appear in the same along with her other batch mates, who were promoted to the third Professional in August, 2006, but her request was declined, on the ground, that she was promoted to the third Professional in the month of January, 2007, whereas her batch mates, were promoted to the third Professional in July, 2006 and hence, she could not be allowed to appear in the said examination. It was further stated that one student, namely, Manmohan Singh had also got re-appear, in the Ist Professional examination, and before the start of the examination of the second Professional, she was not allowed to sit in the said examination. He filed C.W.P. No. 5461of 2006. seeking direction to sit in the said examination, which was to be conducted in May-June, 2006. The said writ petition was allowed. It was further stated that the action of the respondents, by declining the request of the petitioner to sit in the third Professional examination, along with other batch mates was totally discriminatory, un-constitutional and arbitrary. Accordingly, the instant petition, for issuance of a writ, in the nature of mandamus, directing the respondents, to allow the petitioner, to sit in the annual examination of third Professional along with other batch mates, which is to commence in the month of December 2007, was filed.
(3.) The respondents, in their written statement, acknowledged that the petitioner was admitted to B.A.M.S. Course, in Guru Nanak Ayurvedic College, Muktsar. It was stated that the duration of the course is 5 and a half year. It was further stated that in November-December, 2004, the petitioner appeared in the First Professional examination, and could not clear all the papers. However, she was provisionally promoted to the Second Professional course in January, 2005. She cleared the re-appear of the First Professional course in May-June, 2006 and thereafter, appeared and passed the second Professional examination in November-December, 2006. She joined the third Professional course in the month of January, 2007. It was further stated that according to Ordinance 11(i) B of the University's BAMS Ordinances, the examination of the third Professional (final) shall be held one and a half year after the Second Professional examination. During the third Professional course, the students are required to study six subjects namely Parsooti Tantra Avam Stri Rog, Kaumar Bhrita, Kayachikitsa, Shalya Tantra, Shalakya Tantra and Charak Samhita (Uttarardha). It was further stated that a bare reading of the said Ordinance clearly revealed that the condition of one and a half year was mandatory, and thus, could not be dispensed with, for which reason the petitioner was not eligible to appear in the third Professional examination, to be conducted in November-December, 2007.;