Ankit Tiwari v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4686 of 2021 • Ankit Tiwari S/o Ganesh Tiwari Aged About 22 Years, R/o LIG-II-380, Housing Board 32 Acre, Bhilai, District- Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Department of Health, Family Waelfare and Medical Education, Mahanadi Bhawan, Mantralaya, Atal Nagar Nava Raipur, District- Raipur, Chhattisgarh

2. Central Council of Indian Medicine Through- The Secretary Central Council Of Indian Medicine, A Statutory Body under the Ministry of Ayush Government of India, Jawaharlal Nehru Bhartiya Chikitsa Avam Homeopath Anusandhan Bhawan, 61-65, Institution Area, Janakpuri 'D' Block, New Delhi- 110058

3. Pandit Deendayal Upadhyay Smriti Aayush and Health Science University Through- The Registrar, Pandit Deendayal Upadhyay Smriti Aayush and Health Science University, GE Road, Raipur, DistrictRaipur, Chhattisgarh

4. Vice-Chancellor Pandit Deendayal Upadhyay Smriti Ayush and Health Sciences University, GE Road, Raipur, District- Raipur, Chhattisgarh

5. Bharti Ayurved Medical College and Hospital Through - The Principal, Bharti Ayurved Medical College and Hospital, Pulgaon Chowk, Durg, District- Durg, Chhattisgarh ---- Respondents For Petitioner - Mr. Vikas Dubey, Advocate.

For State - Ms. Shreya Mishra, Panel Lawyer.

For Respondents No.3 and 4 - Mr. Ajay Dwivedi, Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-11-2021 Heard.

1.

It is submitted by learned counsel for the petitioner that the petitioner is student of BAMS First year. The petitioner was infected by corona virus in the month of July, 2021, regarding which documents have been submitted, the investigation report (Annexure-P/1) along with the treatment prescribed. It was during this period some of family members of the petitioner also expired. The examination was scheduled by the University in BAMS course in the month of July. The petitioner although appeared therein, but he could not clear all the subjects and he has failed in three subjects. It is submitted that looking to the situation prevailing due to corona pandemic the petitioner could not make

-2preparation for the examination as he would have prepared in other times. 2.

It is submitted that in the notification issued by the Indian Medical Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 as amended in the year 2016, proviso to regulation 6(4)(d) provides, that in case of any personal illness of a student and in any unavoidable circumstances, the Vice-Chanscellor of the concerned University may provide one more chance in any of the four professional examinations. The petitioner is praying for invoking of this provision and for appropriate orders. In similar case, Shri Krishna Ayush University Kurushetra has issued notification dated 27-07-2021 (Annexure-P/8) granting opportunity to the students to appear in the examination. Hence, the petitioner seeks similar relief and prays that respondents No.3 and 4 be directed to take decision on the basis of the provision mentioned here-in-above. 3.

The State counsel appearing for respondent No.1 opposes the submission.

4.

Learned counsel representing respondents No.3 and 4 opposes the submission. However, he submits that this case may be disposed off with direction.

5.

Considered on the submissions and perused the documents filed along with the petition. This petition is disposed off at motion stage. Respondents No.3 and 4 are directed to consider on the representation filed by the petitioner in the light of the proviso to regulation 6(4)(d) of the Indian Medical Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 as amended in the year 2016 and pass appropriate order in accordance with law within a period of 15 days from today. With these observations, the petition is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil