Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioners are seeking directions to the respondents to allow them to fill up the examination form and further to appear in the Examination of Bachelor of Ayurvedic Medicine & Surgery (BAMS) Part III, scheduled to be conducted in the month of May, 2015.
(2.) THE relevant facts are that the petitioners are pursuing the BAMS course at Madan Mohan Malviya Government Ayurvedic College, Udaipur. The petitioners were admitted to the course of 4 1/2 years duration. The Examination of BAMS Part I was conducted in the month of April, 2012, however, the petitioners did not appear in the examination and therefore, they were allowed to appear in attempt Examination of BAMS Part I in the month of November -December, 2012. After passing the BAMS Part I examination, the petitioners appeared in the BAMS Part II Examination in the month of April -May, 2014. The petitioners were admitted to BAMS Part III in the month of July, 2014 and they have pursued the studies, however, they are not being permitted to appear in BAMS Part III Examination scheduled to be conducted in the month of May, 2015. Hence, this petition. Learned counsel for the petitioners submitted that the action of the respondents in not permitting the petitioners to appear in BAMS Part III Examination is illegal, arbitrary and discriminatory. Learned counsel submitted that the petitioner No. 3 was enrolled in the month of October, 2010 and cleared her BAMS Part I Examination in the month of November -December, 2013 yet immediately after six months, she was allowed to appear in BAMS Part II year Examination and therefore, there is absolutely no reason as to why the petitioners should not be permitted to appear in BAMS Part III Examination. Learned counsel submitted that if the petitioners are not permitted to appear in the examination, they will suffer irreparable loss inasmuch as, their completion of the course shall stand delayed by six months. Learned counsel submitted that many others have been permitted to appear in the examination without undergoing regular course of studies for a period of 1 1/2 years and therefore, the treatment meted out by the respondents to the petitioners is discriminatory.
(3.) ON the other hand, learned counsel appearing for the respondents submitted that as per Ordinance 27D, only a candidate who after passing the First Ayurvedacharya Examination of the University has attended a regular course of study for three academic years prescribed for Final Ayurvedacharya Examination and has passed the Second Ayurvedacharya Examination of the University earlier, shall be eligible for admission to Final Ayurvedacharya Examination and therefore, the petitioners who have admittedly not completed study for 3 academic years, after passing the BAMS Part II Examination, are not eligible to appear in BAMS Part III Examination scheduled to be held in the month of May, 2015. Learned counsel submitted that as a matter of fact, the controversy involved in the present writ petition, stands covered by a decision rendered by Jaipur Bench of this court dated 27.3.14 in S.B.C. Writ Petition No. 19856/13: Amit Kumar & Ors. vs. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurvedic University & Anr.;