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The respondents joined the third year D.H.M.S. examination and completed the course of study. FAC |
In view of that, the Principal of the college in August, 1991 recommended and forwarded their examination forms for the third year Examination to the appellant namely, the Council of Homeopathic System of Medicines, Punjab. FAC |
The appellant declined to permit the respondents to take the examination since they had not completed one year course of study between passing the first D.H.M.S. examination and appearing in the second one; hence, they were not eligible to appear in the third year examination. FAC |
In other words, the examination has not been passed in accordance with the scheme prescribed under Regulations 8 & 9. FAC |
It was under these circumstances, the writ petitions came to be preferred before the High Court of Punjab & Haryana in C.W.P. No. 13587/91 praying for a direction to permit them to take third year D.H.M.S. examination commencing from 3.9. 1991. FAC |
The writ petition came up before a Division Bench. FAC |
By judgment dated 9.3.1992 allowing that writ petition on the reasoning that if the minimum course of study as provided by Regulations 9 and 10 if held to be mandatory, such a provision would be liable to be struck down in view of the decision of the Court in C.W.P. No. 2307/88, Gurinder Pal Singh vs Punjabi University... |
The learned Solicitor General took us through Regulations at length. Ratio |
Part II deals with course of study. Ratio |
Regulation 3 states that a Diploma Course in Homeopathy shall be spread over a period of four years. Ratio |
Those four years include six months compulsory internship after the passing of the final year diploma examination. Ratio |
When we look at Regulations 8 to 10, three concepts emerge from them: 313 i) Subjects; ii) Time; ii) Marks. Ratio |
The duration of the examination is, first year: 12 months, Second Year: 12 months; and third year: 18 months. Ratio |
Regulation 8 states that a candidate may be admitted to the first D.H.M.S. examination. Ratio |
Similarly, Regulation 9 also states that a candidate shall be admitted to the second D.H.M.S. examination. Ratio |
Identical language is used under Regulation 10 for Third D.H.M.S. examination. Ratio |
The submission of the learned Solicitor General is, admission to these examinations is entirely different from 'admission to a course '. ARG |
With reference to admission to each of the examination, First, Second and Third year, the respective Regulations 8,9 & 10 prescribe the eligibility. Ratio |
Unless and until, that eligibility is possessed, admission to an examination is impossible. Ratio |
The High Court has taken a view that since the duration of the Course is four years, this Regulation must be so construed as to fit in within those four years. Ratio |
This is wrong. Ratio |
Regulation 11 talks of re admission to an examination. Ratio |
That Regulation has nothing to do with the eligibility prescribed under Regulation 8 to 10. Ratio |
In other words, Regulation 11 cannot control the operation of these Regulations. Ratio |
Regulation 11 (iv) talks of supplementary examination. Ratio |
In that supplementary examination, it is open to a candidate to pass in a subject or subjects in which he has failed. Ratio |
When he so passes, Clause (v) of that Regulation states that he shall be declared to have passed at the examination as a whole. STA |
Even thereafter, if he fails in the subject or subjects at the supplementary examination and he has to appear in the examination in the failed subject or subjects at the next annual examination, Clause (vi) prescribes: i) Production of a certification; ii) In addition, if he had put a necessary attendance, a further co... |
If he fails to complete the subjects within these four chances, he will have to prosecute a further course of study in all the subjects of all parts for one year, in other words, he has to start the course afresh and appear for examination in all the 314 subjects. Ratio |
Thus, it will be clear that all these Regulations talk of re admission to an examination in Order to enable the failed Candidate to undergo supplementary and subsequent examinations. Ratio |
On completion of subject in any one of those examinations within the four chances, he is declared to have passed the whole examination. Ratio |
On this count, it is incorrect to hold that passing in the supplementary examination relates back to the original examination. Ratio |
A careful reading of Regulation 9 requires the satisfaction of the following conditions for appearing in the Second Year D.H.M.S. examination: i) The candidate had passed the First D.H.M.S. examination at the end of one year previously. Ratio |
This means, there must be a gap of one year between the passing of First year examination and appearing in the Second year examination; ii) Subsequent to the passing of the examination, must have attended the courses of instruction for a period of at least one year. Ratio |
Therefore, a candidate who fails in the first year examination in a subject or subjects, if he passes any supplementary examination cannot take the Second year examination at the next academic year. Ratio |
This is because, one year duration had not elapsed between the passing of First year examination in the supplementary examination and taking the Second year examination. Ratio |
Worse is a case where a candidate passes the First Year examination at the third or fourth attempt. Ratio |
The High Court has gone wrong in its construction on Regulation 11 that if a candidate passes a supplementary examination, the insistence of one year would require the candidate to wait for one more year. Ratio |
Therefore, he would inevitably have to study for the next year course from the next academic session. Ratio |
No doubt, the candidate who passes the supplementary examination will have to sit idle till the next academic session. Ratio |
That is his own making. Ratio |
On that score, the attempted harmonious construction by the High Court cannot be supported. Ratio |
The learned Solicitor General finally submits that none of the Regulations indicate 'a carry forward scheme ' of the subjects. Ratio |
On the contrary, it is a case of detention every year. Ratio |
Accordingly, he submits that the Civil Appeals deserve to be allowed. ARG |
Mr. Ranjit Kumar, learned counsel in opposition to this, would urge that the interpretation placed by the High court on Regulations 8 to 10 is collect. ARG |
Otherwise, no useful purpose would be served by conducting a supplementary examination. Ratio |
Equally, four chances afforded to the candidate could be rendered nugatory if the interpretation as stated by the learned solicitor General is accepted. Ratio |
315 Regulation 11 has to be read along with Regulations 8 to 10. Ratio |
It is not correct to argue that Regulation 11 has nothing to do with admission to an examination. Ratio |
As a matter of fact, declaration of result of supplementary examination of First D.H.M.S. examination was made on 31.10.1989. Ratio |
The next annual examination was held in January, 1990 within 2 1/2 months. Ratio |
The respondents passed the course of First and Second D.H.M.S. examinations. Ratio |
The result of Second Year D.H.M.S. supplementary examination was declared in January, 1991. Ratio |
In view of such an inordinate delay in the conduct of examinations, the appellant cannot contend that one year period must elapse between First and Second D.H.M.S. examinations and that the Regulations should have been strictly obeyed. Ratio |
The Regulations do not say that after First D.H.M.S. examination, a student cannot study for Second D.H.M.S. course and sit for examination provisionally. Ratio |
The declaration of result for the Second D.H.M.S. course takes place only after he had cleared the First D.H.M.S examination. Ratio |
As rightly held by the High Court, the word 'supplementary '. Ratio |
denotes supplementing to or in continuation of the annual examination. Ratio |
Where , therefore, provisional admission is given for the Second Year D.H.M.S, course, the failure to complete he First D.H.M.S. examination should not be put against the respondent. Ratio |
If the Regulations are so literally interpreted, that will lead to absurdity. Ratio |
It will run counter to the object of providing a supplementary examination. Ratio |
This interpretion is holding the field for a long time. Ratio |
This was the reason why in Jaininder Mohan and Others vs The council of Homeopathic System of Medicine.Punjab (1992) 1 I.L.R. Punjab 159, the court took a view that passing in the supplementary examination will relate back to the date of annual examination. Ratio |
Otherwise, as rightly pointed out by the High Court, anamolous results would follow. Ratio |
In so far as the respondents have completed the examination, equities must weigh in their favour as laid down by this Court in A. Sudha vs University, of Mysore and another ; , Chandigarh Administration & Ors.v Manpreet Singh & Ors. ; , Shirish Govind Prabhudesai vs State of Maharashtra The learned counsel also relies ... |
In order to appreciate the respective contentions, we have to analyse the relevant Regulations relating to the Diploma Course in Homeopathy as contained Homeopathy (Diploma course) DHMS Regulations, 1983. Ratio |
These Regulations are statutory in character in so far as they have come to be framed in exercise of powers conferred under Clauses (i) , (j) & (k) of Section 33 and sub section (1) of Section 316 20 of Homeopathy Central Council Act. Ratio |
Under Section 20, the Central Council may prescribe the minimum standards of education in Homeopathy required for granting recognised medical qualifications by Universities, Boards and Medical Institutions in India. Ratio |
Section 33 speaks of powers to make Regulations. Ratio |
The relevant clauses are (i), (j) & (k). Ratio |
They are to the following effect. "(i) The courses and period of study of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any University, Board or Medical institution for grant of recognised medical qualification; (j)the standards of staff, eq... |
The very object of this Act is to prescribe minimum standards for admission, duration of course of training, details of curriculum and syllabus of study and the title of degree or diploma. Ratio |
Since they very from State to State and even from Institute to Institute within a same State, it had become necessary to constitute a Central Council. Ratio |
The Advisory Committee prescribed a course of four years. Ratio |
Accordingly, in Regulation 3(i), it is provided that a Diploma Course in Homeopathy shall comprise a course of study, spread over a period of four years. STA |
This includes the compulsory internship of six months duration after passing the final Diploma examination The Regulations contain eligibility to admission, the curriculum, the syllabus etc.in the various parts. Ratio |
Part VI deals with examination. Ratio |
Regulation 8 talks of First D.H.M.S. examination. Ratio |
It is stated in clause (i) : "A candidate may be admitted to the First D.H.M.S. examination provided that he has regularly attended the following course of instruction, theoretical and practical for a period of not less than 12 months at a Homeopathy College to the satisfaction of the head of the college". STA |
317 From the above, it is clear for admission to the First D.H.M.S. examination: i)a student must have regularly attended the courses of instruction, theoretical and practical; ii) for a period of not less than 12 months; iii) to the satisfaction of the head of the College. Ratio |
As regards the Second D.H.M.S. examination, Regulation 9 takes care. Ratio |
That states in Clause (i) : "No candidate shall be admitted to the Second D.H.M.S examination unless: a) he has passed First D.H.M.S. examination at the end of one year previously, and b) he has regularly attended the following courses of instruction both theoretical and practical in the subjects of examination for a p... |
" Here again, eligibility for admission to Second D.H.M.S. examination is based on two conditions: i) A student has passed his First D.H.M.S. examination at the end of one year previously. STA |
This means one year must elapse between the passing of the First year examination and taking of Second Year Examination. Ratio |
ii) Subsequent to the passing the First year a) he must have regularly attended the courses both theoretical and practical; (b) for a period of at least one year; (c) to the satisfaction of the head of the College. Ratio |
Thus, unless and until, these two conditions are satisfied, a student is 318 ineligible for admission to the Second D.H.M.S. examination. Ratio |
Clause (iii) states that the Second D.H.M.S. examination shall be held at the end of two years of D.H.M.S. course. STA |
The Third D.H.M.S. course is provided for under Regulation 10. Ratio |
That reads as follows: "No candidate shall be admitted to the Third D.H.M.S. examination unless: (a) he has passed the second D.H.M.S. examination at the end of 1 1/2 years previously, and (b) has regularly attended the following courses of instructions both theoretical and practical in subjects of examination for a pe... |
" Here again, the conditions for eligibility for admission to Third D.H.m.s examination are: i) After passing the Second D.H.M.S. examination,one and a half years must have elapsed before taking the Third D.H.M.S examination. Ratio |
ii) Subsequent to the passing of the Second D.H.M.S. examination: a) he must have regularly attended the courses both theoretical and practical" b) for a period of 11/2 years; c) to the satisfaction of the college. Ratio |
Thus, it will be clear that the pattern of the examination is as rightly urged by the learned Solicitor General : 12 months for First D.H.M.S. examination, 12 months for Second D.H.M.S. examination and 18 months for Third D.H.M.S examination. Ratio |
These put together with six months of compulsory internship, make up the four years prescribed for the Course in Regulation 3. Ratio |
One thing that carefully requires to be noticed is that all the three Regulations 319 8 to 10 speak of admission to an examination, First, Second and Third year respectively. Ratio |
This is entirely different from admission to a course we find great force in this submission of the learned Solicitor General. Ratio |
The course of study may consist of four years, but that has nothing to do with the scheme of examination. Ratio |
Now, we come to Regulation 11. Ratio |
That requires to be reproduced in full: "(i) Every candidate for admission to an examination shall send to the authority concerned his application in the prescribed form with the examination fee at least 21 days before the date fixed for the commencement of the examination. STA |
(ii)As soon as possible after the examination the examining body shall publish a list of successful candidates arranged in the following manner: (a)the names and roll numbers of the first ten candidates in order of merit, and (b) the roll number of others arranged serially. STA |
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