Shivani Bhardwaj and ors vs University of Jammu and Ors.

Taking into account the order which this court proposes to pass today, it is not necessary to issue notice to the respondents.

Heard. In this petition, the petitioners inter alia have prayed for the following reliefs:

Writ of mandamus commanding the respondents to allow the petitioners to appear in the BAMS Third Professional Examination as a mercy

chance.

Writ of mandamus commanding the respondents more particularly respondent No.1 to grant the mercy chance to the petitioners for appearing in

the BAMS Third Professional Examination as per the Rule 9(i) of the statutes governing the degree of BAMS.

When the matter was taken up today, learned counsel for the petitioners submitted that petitioners No.1 to 4 were admitted BAMS Course in

the year 2010-11 in Jammu Institute of Ayurveda & Research, Raipur Bantalab, Jammu and petitioner no.5 was admitted to the same course

during the year 2011-12 under various registration numbers. Petitioners further claim that they have passed their first Professional Examination

within the stipulated period as per the statutes governing the degree of BAMS Course. It is further submitted that petitioners have cleared all the

subjects of Professional Examination except the third and Final Professional Examination which was in Sanskrit version as the petitioners being

from remote areas and of Urdu/Hindi background were not perfect in Sanskrit version so could not qualified the paper in Sanskrit version.

Learned counsel for the petitioners relies upon Clause 9.1 of the Statutes of the University to content that in similar set of circumstances, the

candidates, who were not able to qualify any subject in the first Professional Course, are given chance to qualify the same which is in the discretion

of the Vice Chancellor of the University. Learned counsel further contends that on the same analogy, request of the petitioners too could be

considered and they can also be granted a mercy chance which would not only enable them to qualify the left over papers but would also save their

future career.

In light of the submissions made by learned counsel for the petitioners, this petition is disposed of by directing respondent-University authorities

to place the matter before the Vice Chancellor, University of Jammu, who shall accord due consideration to the request made by the petitioners for

granting them a mercy chance to appear in the left over paper(s) in BAMS Third Professional Examination. Needless to state that request of the

petitioners for mercy chance should receive sympathetic consideration by the Vice Chancellor who would pass appropriate orders as may be

warranted under law.

With these observations, writ petition is disposed of.