MOHINDER PAL SINGH Vs. DHANVANTRI AYURVEDIC COLLEGE, CHANDIGARH

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions No. 15274 of 1993, 15386 of 1993, 15526 of 15586 of 1993 and 15723 of 1993 as common question of law and facts is involved in all these cases. For narration of facts Civil Writ Petition No. 15274 of 1993 is being adverted to.

(2.) The petitioner joined B.A.M.S. 5 years' course with pre-Ayurveda class in the sessions 1991-92 in Shri Dhanvantri Ayurvedic College, Chandigarh, (hereinafter referred to as 'the College'). In the writ petition, at one place it is mentioned that the College was affiliated to Punjab State Faculty of ayurveda and Unani System of Medicines (hereinafter referred to as 'the Faculty') and at some other places it is mentioned that it was affiliated to Punjabi University, Patiala. However, it may be observed her that in the the written-statement filed on behalf of the College, it is averred that prior to December, 1991, the College was affiliated to the Faculty and during its affiliation with the Faculty, the regulations of Punjabi University, Patiala, had been adopted by the Faculty w.e.f. - 9/.12.1991, the college had been provisionally affiliated with the the Punjab University, Chandigarh. Since Punjab University, Chandigarh, had not framed any regulations for the B.A. M.S. course, the said University had allowed the College to carry on with the regulations of of the Punjabi University, Patiala, till regulations were framed by the Punjab University, Chandigarh regarding B.A.M.S. course.

(3.) The petitioner passed his pre-Ayurveda examinations held by the Faculty in December, 1993, and was admitted in the first year of B.A.M.S. 5 years, course in the year 1992-93. He appeared in the first year annual examinations of B.A.M.S. in December, 1992, but failed in all the three subjects. However, as provided in Ordinance 14 of the Punjabi University Ordinances governing the B.A.M.S. course of the Faculty, the petitioner was admitted provisionally to the Hnd year course. In the supplementary examination held in May, 1993, the petitioner cleared on of the three subjects of the 1st year B.A.M.S. course but got reappear in two subjects. When the petitioner wanted to appear in the IInd year B.A.M.S. annual examinations along with re-appear papers of the 1st year, the Punjab University to which the college had since been affiliated as observed in the opening part of the judgment, refused to allow the petitioner to sit in the B.A.M.S. Hnd year examination on the ground that the provisional admission of the petitioner in IInd year automatically stood cancelled under Ordinance 14 of the Punjabi University, which had been made applicable by the Punjab University to the college. This was because be petitioner had failed to clear two subjects of the 1st year in the supplementary examination. Had he got reappear or compartment only in one paper of the 1st year, then he could have been allowed to continue his studies in the next higher class i.e. IInd year.