Neutral Citation No.

- 2024:AHC:19056

Court No. - 10

Case :- WRIT - C No. - 30211 of 2023

Petitioner :- Khoobchandra And 11 Others

Respondent :- Union Of India And 5 Others
Counsel for Petitioner :- Durvesh Kumar,Shikher Trivedi
Counsel for Respondent :- A.S.G.I.,C.S.C.,Rohit Pandey,Vivek Kumar
Singh

With

Case :- WRIT - C No. - 33620 of 2023

Petitioner :- Heera Mani Vishvakarma And Another

Respondent :- Union Of India And 5 Others
Counsel for Petitioner :- Durvesh Kumar,Shikher Trivedi
Counsel for Respondent :- A.S.G.I.,C.S.C.,Rohit Pandey

Hon'ble Salil Kumar Rai,J.

Heard the counsel for the parties.

The present petition has been filed for quashing the orders dated
3.7.2023, 5.7.2023 and 12.7.2023 passed by the Controller of
Examination of Bundelkhand University, Jhansi, Uttar Pradesh
cancelling the examinations / results of the petitioners on the
ground that they had appeared in the final professional
examination before expiry of eighteen months from the date of
third professional examination.

It has been argued by the counsel for the petitioners that the
petitioners were permitted to appear in the examinations by the
University on their representation and there is no fault on the part
of the petitioners in not completing the eighteen months prescribed
period between the third professional and the final professional. It
has been stated that the petitioners appeared in the examinations
earlier as their session had already been delayed and, therefore, the
eighteen months period between the third professional and the
final professional was liable to be reduced. It has been stated that
the petitioners had appeared in the final professional examination
after twelve months from their third professional examinations. It
has been argued that in the circumstances, the orders dated
3.7.2023, 5.7.2023 and 12.7.2023 are liable to be quashed and the
result of the petitioners is to be declared and the petitioners are
entitled to declaration of their results.
 I am not able to accept the contention of the counsel for the
petitioners.

A perusal of the Indian Medicine Central Council (Minimum

Standards of Education in Indian Medicine) Amendment
Regulations, 2016 shows that the total duration of Bachelor of
Ayurveda education is five years and six months and the gap
between the third professional and the final professional is to be
eighteen months. The time gaps given in the Regulation - 3 of
Regulations, 2016 regarding the duration of the course and the
period between the different professional examinations are
mandatory and cannot be waived either by the University or any
College affiliated to the University in as much as the said time gap
has been framed to maintain the minimum standards of education
in the course.

In view of the aforesaid, the petitioners could not have been

permitted to appear in the examinations before expiry of eighteen
months from the third professional examinations. The mere fact
that the petitioners were permitted to appear in the examinations of
the final professional without completing the eighteen months
period does not create any right in favour of the petitioners as there
can be no estoppel against the statute. No mandamus can be
granted against the statutory provisions. No right accrued in the
petitioners to appear in the examinations contrary to the
Regulations merely because the session of the University was
delayed.

In view of the aforesaid, there is no illegality in the orders dated

3.7.2023, 5.7.2023 and 12.7.2023 and the petitions are liable to be
dismissed and are, hereby, dismissed.

However, it is clarified that the dismissal of the writ petitions shall

not adversely affect the rights of the petitioners to appear in the
final professional examination to be held subsequently and it is
expected that the said examination shall be held by the University
as soon as possible.

Order Date :- 5.2.2024

Satyam

Digitally signed by :-
SATYAM AGRAHARI
High Court of Judicature at Allahabad