- (1.) Learned counsel for the petitioners submits that the controversy involved in the present writ petition has already been decided by the Coordinate Bench at Principal Seat, Jodhpur in the case of Kumari Pramila and Anr. Vs. Dr.Sarvepalli Radhakrishnan Rajasthan Ayurved University and Ors. (SB Civil Writ Petition No.7681/2019) vide order dated 11th September, 2019. The order passed by the Coordinate Bench at Principal Seat, Jodhpur in the case of Kumari Pramila and Anr. (supra) is quoted hereunder for ready reference : "7. I have considered the submissions of the learned counsel for the parties and perused the material on record. 8. Indisputably, B.A.M.S. is a professional course, studies whereof includes theory and practicals, followed by Compulsory Rotatory Internship of twelve months. Duration of the course as mentioned in clause 3 of Schedule I appended to the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 is as under: (a) First Professional - Twelve months (b) Second Professional - Twelve months (c) Third Professional - Twelve months (d) Final Professional - Eighteen months (e) Compulsory Rotatory Internship - Twelve months 9. Obviously, the petitioners shall be entitled for award of the B.A.M.S. degree after completion of prescribed course of study extending over the duration of four and half years, followed by Compulsory Rotatory Internship of twelve months. The petitioners could not have claimed a right to appear in Fourth Professional Examination without completing the course of study for a period of eighteen months. The B.A.M.S. is a professional course and thus, the question of this court relaxing the rules and permitting the petitioners to appear in examination while curtailing the duration of the course for a period of six months, does not arise. 10. It is true that for the remaining period of six months, the petitioners cannot be made to sit idle and wait for the completion of eighteen months duration for appearing in the Final Professional Examination and the respondents were under an obligation to arrange the regular classes for the petitioners for completion of the course. But in any case, without completion of the course, the petitioners cannot be permitted to take the examination and thus, they are not entitled for the relief as prayed for. 11. In the result, the writ petition fails, it is hereby dismissed. The interim order dated 7.6.19 is vacated. The Final Professional Examination wherein the petitioners have appeared pursuant to interim order passed by this court, shall stand cancelled. The respondents shall arrange extra classes for the petitioners for completion of remaining course of study of B.A.M.S. Final Professional, forthwith. After completion of the course, the petitioners shall be permitted to appear in B.A.M.S. Final Professional Examination to be conducted in December, 2019. No order as to costs." This Court finds that the Coordinate Bench of this Court had also passed the interim order dated 12 th June, 2019 in the present writ petition whereby the petitioners were permitted to submit their application form upon payment of late fee and they provisionally permitted to appear in the examination of 4 th Year B.A.M.S. Professional Course and their result was not to be declared without permission of the Court.
(2.) In view of the aforesaid, the present writ petition is also disposed of and the interim order dated 12 th June, 2019 passed by the Coordinate Bench of this Court is vacated. The Final Professional Examination wherein the petitioners have appeared pursuant to interim order passed by this court, shall stand cancelled. The respondents shall arrange extra classes for the petitioners for completion of remaining course of study of B.A.M.S. Final Professional, forthwith. After completion of the course, the petitioners shall be permitted to appear in B.A.M.S. Final Professional Examination to be conducted in December, 2019.;