Case Note & Summary
The petitioner, J. Sindhu, a student of the first year BHMS course at Bhagwan Buddha Homoeopathic Medical College & Hospital, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Rajiv Gandhi University of Health Sciences to permit her to appear for the examination in the subject of Anatomy scheduled for December 2015/January 2016. She had failed in Anatomy four times and was seeking permission to take the examination for the fifth time. The court examined the relevant regulations governing the BHMS course, specifically the Homeopathy Degree Course Regulations, 1983. The court noted that Regulation 7(2) prescribes the maximum number of attempts for each subject. The petitioner had already exhausted all four permissible attempts. The court rejected the petitioner's reliance on earlier decisions of the same court in W.P.No.28864/2014 and W.P.Nos.56801-56804/2014, as those cases were distinguishable on facts. The court held that no further attempt is permissible under the regulations and dismissed the writ petition.
Headnote
A) Education Law - Examination - Maximum Number of Attempts - Homeopathy Degree Course Regulations, 1983, Regulation 7(2) - The petitioner, a student of BHMS course, failed in the subject of Anatomy four times and sought permission to appear for the fifth time. The court examined the relevant regulations and held that the maximum number of attempts permitted is four, and the petitioner had already exhausted all her chances. The petition was dismissed. (Paras 1-4)
Issue of Consideration
Whether a student who has failed in a subject four times can be permitted to appear for the examination for the fifth time under the regulations governing the BHMS course.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Maximum number of attempts for BHMS examination is four
- Homeopathy Degree Course Regulations
- 1983
- Regulation 7(2)
- no further attempt permissible after exhausting all chances
Case Details
2015 LawText (KAR) (12) 17
Writ Petition No.54407/2015 (EDN-EX)
Sri Ajoy Kumar Patil (for petitioner), Sri N.K. Ramesh (for respondents 1 & 2)
Rajiv Gandhi University of Health Sciences, The Registrar (Evaluation), Rajiv Gandhi University of Health Sciences, Bhagwan Buddha Homoeopathic Medical College & Hospital
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to permit the petitioner to appear for an examination.
Remedy Sought
Direction to Rajiv Gandhi University of Health Sciences to permit the petitioner to appear for the first BHMS examination in Anatomy scheduled for December 2015/January 2016.
Filing Reason
Petitioner failed in Anatomy four times and was denied permission to appear for the fifth time.
Previous Decisions
Petitioner relied on decisions in W.P.No.28864/2014 dated 07.11.2014 and W.P.Nos.56801-56804/2014 dated 31.10.2015.
Issues
Whether a student who has failed in a subject four times can be permitted to appear for the examination for the fifth time under the regulations governing the BHMS course.
Submissions/Arguments
Petitioner's counsel relied on two earlier decisions of this Court in W.P.No.28864/2014 and W.P.Nos.56801-56804/2014 to support the prayer.
Ratio Decidendi
Under the Homeopathy Degree Course Regulations, 1983, the maximum number of attempts for a subject is four. The petitioner had already exhausted all four attempts in Anatomy, and no further attempt is permissible.
Judgment Excerpts
Question is whether it is permissible under the regulations governing the BHMS Course.
Homeopathy degree course examinations is regulated by ‘Homeopathy Degree Course Regulations, 1983’.
Regulation 7(2) of the said Regulations prescribes the maximum number of attempts for each subject.
Procedural History
The writ petition was filed on an unspecified date and came up for preliminary hearing on 09.12.2015, when the court dismissed it.
Acts & Sections
- Constitution of India: Article 226
- Homeopathy Degree Course Regulations, 1983: Regulation 7(2)
