- (1.) The petitioners were admitted to Bachelor of Ayurved Medicine and Surgery i.e. BAMS Course in Shri Lakshami Narain Aurvedic College, Amritsar in the academic session of 2000-2001. They appeared in the 15' Professional Examination in November/December, 2001. However, they could not clear all the papers. Petitioner No. 1 had one re-appear whereas petitioners No. 2 and 3 have 4 re-appears each. They cleared all the papers of the 1st Professional Examination in May/June, 2003. It is alleged that though the petitioners were entitled to appear for 2nd Professional Examination in May/June 2003, but respondent No. 1-University did not allow them to appear in the 2nd Professional examination held in May/June, 2003 on the ground that they have not passed the 1st Professional Examination before May/June, 2003. However, the petitioners appeared in the 2nd Professional examination in November/December, 2003 and cleared all the papers for which result was declared in April, 2004. They joined the 3rd Professional Classes commencing from May/June, 2003. The next Professional examination i.e. 3rd Professional Examination was to be held in May, 2005, after a period of two years, as per the University Ordinance. It is alleged that the petitioners filled up their examination forms for 3rd Professional Examination and also deposited the examination fee of Rs. 2030/- with respondent No. 2-College. The College forwarded and recommended the University to issue roll numbers to the petitioners for 3rd Professional examination. It is further stated that all the petitioners attended the minimum lectures prescribed for 3rd Professional Examination Course and thus were eligible to appear in the Examination. Even the College recommended for holding 3rd Professional examination of the petitioners which were to commence on 12.5.2005. Petitioners approached the University for roll numbers, but the University did not issue roll numbers on the ground that the petitioners had not completed minimum two years period after passing the 2nd Professional Examination. According to the respondents, the petitioners cleared the 2nd Professional Examination in November/December, 2003 and had not completed two years period of study at the time the 3rd Professional Examination was to be conducted in May/June, 2005. According to respondents, since the petitioners cleared the 2nd Professional Examination only in November/December, 2003, they had not completed two years by the time, the 3rd Professional Examination was conducted in May, 2005.
(2.) University, namely, Baba Farid University of Health Sciences, Faridkot, Nodal Agency for Conduct of the Examination has relied upon the Ordinances framed by the University governing the examination for the course when the petitioners joined. It may be noticed that at the time of admission of the petitioners to the Course in the year 2001, a period of five years and six months (including six months Internship) was prescribed for the course. However, this Ordinance was amended as on 5.12.2001. Though after the amendment, the total period remained the same, however, the position of 1st, 2nd and 3rd Professional duration was altered. Following is the position under the existing and the amended Ordinance : JUDGEMENT_136_LAWS(P&H)10_20081.html
(3.) From the perusal of the aforesaid, it appears that as per duration of 1st and 2nd Professional is concerned, each part of the course was for 18 months i.e. 1-1/2 years. However, under the Old Ordinance, the duration for 3rd Professional was fixed as 24 months whereas after the Ordinance was amended, the period has been reduced to 1-1/2 years by increasing the period of Internship from 6 months to 1 year. Similarly, the Ordinance was amended for final Professional Examination. The existing and the amended Ordinance is reproduced here under : JUDGEMENT_136_LAWS(P&H)10_20082.html;