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Judgment
Ashok B. Hinchigeri
The petitioners are seeking a writ of mandamus to the respondents to allow them to appear for the forthcoming second year examination of BAMS Course commencing on 21.6.2012. The facts of the case in brief are that the petitioners took admission to BAMS Course for the academic year 2009-10 at Kannada Balaga Societies Rural Ayurvedic Medical College ("KBSRAMC'' for short), Auto Nagar, Belgaum. The first year of the said Course consists of 18 months. The petitioners appeared for the first year examination of the said Course in January 2011, the results of which were announced in March 2011. Thereafter, when they were in the second year of the Course, KBSRAMC was de-recognized by the Central Council for Indian Medicine CCCIM'' for short) on 8.6.2011. The petitioner No. 1 along with the other students of KBSRAMC filed W.P. Nos. 66082- 66090/2011 and petitioner No. 2 along with other students of KBSRAMC filed W.P.Nos.66251-66255/20 1 before this Court''s Circuit Bench at Dharwad. Pursuant to the order passed in the said case, the petitioners were transferred to the second respondent Government Ayurvedic Medical College, Bangalore on 3.12.2011. They have been attending the classes regularly at the second respondent College from 21.12.2011, the date of their admission. The 7,econd year BAMS examination is scheduled to commence on 21 6.2012. On the ground of the shortage of attendance (from March 2011 till December during period the petitioners were studying at KBSRAMC, Belgaum), the petitioners have not been permitted to appear for the forthcoming examination.
Sri Murugesh, the Learned Counsel for the petitioners submits that the petitioners have always been attending the classes first at KBSRAMC, Belgaum and later at the second respondent College, Bangalore. He submits that they are transferred to the second respondent College after studying for about 7-8 months at KBSRAMC, Belgaum. For no fault on their part, they are being refused the permission to appear for the examination on the ground of the shortage of attendance.
Sri S.G. Pandit, the Learned Counsel for the respondent No. 1 submits that unless the students have secure 80% of the attendance in theory and practicals separately in each subject, they would not get the eligibility to appear for the examination, as per the revised BAMS Ordinance.
Sri R. Omkurnar, the learned Additional Government Advocate appearing for the respondent No. 2 submits that the petitioners, having joined the second respondent College only on 21.12.2011, have missed the classes for about 8 months at the second respondent College. He also fairly submits that from 21.12.2011, that is, the date of their joining the second respondent College, they have been regular to the College. He further submits that even when they have been regular from 21.12.2011, they fall short of the requisite attendance of 80% on account of their missing classes from March 2011 to 21.12.2011.
This is a peculiar case. The petitioners'' record is 80% of attendance as traceable from its Ordinance. The second respondent College has been conducting the classes regularly. Thus, nothing is wanting on the part of the petitioners and the respondents.
The problem has arisen because KBSRAMC, Belgaum, where the petitioners were earlier studying came to be de-recognized by CCIM on 8.6.2011. Thereafter, the petitioners represented to the authorities for their transfer to any recognized BAMS College and on their representations not leading them anywhere, they had filed W.P.Nos.66082- 66090/2011 and W.P. Nos. 66251-66255/2011 respectively before this Court''s Circuit Bench at Dharwad. this Court, by its order, dated 25.11.2011 allowed the writ petitions recording the statements of the petitioners that they have obtained the NOC from the KBERAMC and joined the second respondent Government College.
Appreciating the difficulties and the transitional problems undergone by the petitioners, the second respondent College vide its letter, dated 15.5.2012 (Annexure-C) has already written to the first respondent informing that the petitioners are eligible to write the second year GAMS examination to be held in the month of June 2012. However, the respondent No. 2 has also sought to know from the first respondent whether the permission can be given to the petitioners to appear for the said examination, as there is shortage of attendance. The letter fairly states that, if KBSRAMC were not to be closed, the petitioners could have obtained the requisite attendance.
These peculiar facts and circumstances of the case call for novel approach and novel solution. this Court directed the Additional Government Advocate to ascertain the readiness of the second respondent College to conduct the special classes for the petitioners at their cost and enable them to acquire the eligibility in respect of the attendance. Dr. Ashalatha, the Principal of the second respondent Government College, who is present before the Court states through the Additional Government Advocate that the College wants to evolve a student-friendly approach. The Court places on record its appreciation of the pro-active attitude shown by the Principal of the second respondent Government College.
These petitions are disposed of with the following directions:
i) The second respondent shall conduct the special classes for the petitioners from morning till evening on all the days including the Sundays and other public holidays. The petitioners are directed not to miss a single special class.
ii) The Principal shall in the first place ask the teachers of the second respondent Government College to engage the special classes. If its teachers are preoccupied or disinclined or unavailable for any reason, it shall be open to the Principal to get the authorised guest-lecturers or lecturers from any authorised private College or from the Government Hospital or from any other source that she deems fit.
iii) The special classes directed hereinabove are at the cost of the petitioners. What fee/honorarium is to be paid to the lecturers is to be decided by the Principal. Her fair statement that per head it may cost around ''15,000/- is placed on record.
iv) The petitioners are directed to deposit ''.0,000/ (''15,000/- per head) with the Principal of the second respondent Government College forthwith.
v) The special classes are only for covering the earlier part of the syllabus, missed by the petitioners when they were studying at KBSRAMC, Belgaum and to enable them to acquire the requisite attendance levels.
vi) On the Principal verifying and ascertaining that the petitioners have attended the special classes and have attained the prescribed attendance percentage, the respondents are directed to permit the petitioners to pay the examination fees and to appear for the said examination.
vii) The second respondent shall submit to the first respondent University the marks obtained by the petitioners in the internal assessment tests, if the petitioners attend all the special classes and reach the prescribed attendance percentage.
These petitions are accordingly disposed of. No order as to costs.