Rajasthan High Court - Jodhpur
Dinesh Bajya vs The Registrar, Dr. Sarvepalli ... on 12 July, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:21177]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2296/2023
1. Dinesh Bajya S/o Shri Madan Lal Bajya, Aged About 27
Years, Resident Of Village Jodhpura, Post Hanutpura,
Tehsil Shahpura, Jaipur, District Jaipur (Raj.).
2. Hemlata Mehta D/o Shri Ramswaroop Mehta, Aged About
27 Years, Resident Of Near Ram Janki Temple, Rati Khurd,
Baran (Rajasthan).
----Petitioners
Versus
1. The Registrar, Dr. Sarvepalli Radhakrishnana Rajasthan
Ayurvedic University (Dr.s.r.a.u), Nagaur Road, Karwar,
Jodhpur (Rajasthan).
2. The Controller Of Examination, Dr. Sarvepalli
Radhakrishnana Rajasthan Ayurvedic University
(Dr.s.r.a.u), Nagaur Road, Karwar, Jodhpur (Rajasthan).
3. National Institute Of Ayurveda, Deemed To Be University
(De-Novo), Jaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Chaturbhuj
For Respondent(s) : Mr. Suniel Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 12/07/2023
1. The petitioners have preferred the present writ petition claiming the following reliefs :-
"1. By an appropriate writ, order or direction, the respondent University may be directed to open the online examination portal for the petitioners so that they may fill up their examination forms.
2. Or alternatively, the respondent University may kindly be directed to accept the petitioners' offline examination forms and-(Downloaded on 12/11/2023 at 02:31:06 AM)
[2023:RJ-JD:21177] (2 of 3) [CW-2296/2023]
3. By an appropriate writ, order or direction, the respondent-University may kindly be directed to permit / allow the petitioners to appear in 4th Year BAMS Examination, which are going to be held on 15.02.2023."
2. Learned counsel for the petitioner submits that the petitioners took an admission in BAMS Course in year 2017 run by the respondent no.1- University. The duration of such course is five and half years. The petitioners were allotted the University - respondent no.1 in accordance with their merit. He submits that the controversy arose when the petitioners appeared and cleared the BAMS III year examination held in March-April, 2022 and took the admission in 4th year BAMS Course, but they were not permitted to fill-up the examination form.
3. Learned counsel for the petitioner further submits that upon direction of this Court, the petitioners were permitted to participate in the 4th year BAMS Course, which were held from 15.02.2023, which they gave and the petitioners cleared the 4th year BAMS course accordingly; copy of the result has already been declared by the respondents. Learned counsel further submits that thereafter the petitioners have been given chance to start the internship, but immediately the internship was curtailed vide order dated 28.06.2023.
4. Learned counsel for the respondent submits that for the internship, the petitioners have to complete five and half years of course of BAMS. He further submits that such internship has been rightly curtailed, because the petitioners will be entitled for internship only in the month of December, 2023, which will fulfill (Downloaded on 12/11/2023 at 02:31:06 AM) [2023:RJ-JD:21177] (3 of 3) [CW-2296/2023] the requirement of duration required pre-internship to cover all the four phases of the course.
5. Heard learned counsel for the parties and perused the record of the case.
6. Since now the petitioners shall be eligible to take-up the internship, as per the duration schedule in the regulation in the month of December, 2023, therefore, the writ petition is allowed to that extent and the respondents are directed to allow the petitioners to undertake their internship from December, 2023 and complete the course strictly in accordance with law, thereafter the respondent-University shall award the degree, as per the regulations. The respondents are directed to declare the current result of the petitioners on the portal.
7. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
272-Sudheer/-
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