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(iii)Every candidate shall on passing the examination receive a certificate in the form prescribed by the examining body concerned. STA |
(iv) A candidate who appears at the examination but fails to pass in a subject or subjects may be admitted to supplementary examination in the subject or subjects of that part of the examination in which he has failed to be held ordinarily after six weeks from the publication of result of the first examination on payme... |
(v) If a candidate obtains pass marks in the subject or subjects at the supplementary examination or the subsequent examination, he shall be declared to have passed at the examination as a whole, (vi) If such a candidate fails to pass in the subject or subjects at the supplementary examination in the subject or subject... |
(vii)If a candidate fails to pass in all the subjects within the prescribed four chances, he shall be required to prosecute a further course of study in all the subjects of all parts for one year to the satisfaction of the head of the college and appear for examination in all the subjects. STA |
Provided that if a student appearing for the Third D.H.M.S. Hom.examination has only one subject to pass at the end or prescribed chances, he shall be allowed to appear at the next examination in that particular subject and shall complete the examination with this special chance. STA |
(viii)All examinations shall be held on such dates, time and places as the examining body may determine. STA |
(ix) The examining body may under exceptional circumstances partially or wholly cancel any examination conducted by it under intimation to the Central Council of Homeopathy and arrange for conducting reexamination in those subjects within a period of thirty days from the date of such cancellation." STA |
This Regulation deals with results and readmission to an examination. Ratio |
A close reading of the above brings out the following: In clause (iv) as to what is to happen in the event of a candidate failing to pass in a subject or subjects is spoken to. Ratio |
He may be admitted to the supplementary examination. Ratio |
Such a supplementary examination is to ordinarily take place after six weeks from the publication of result of First Examination. Ratio |
Supposing he passes in that subject or 'subjects in the supplementary examination he is declared to have passed at the examination as a whole. Ratio |
This should obviously be so; because once he completes all the subjects, he has to necessarily be declared to have passed. Ratio |
Merely on this language, "declared to have passed at the examination as a whole", we are unable to understand as to how the 321 "doctrine of relation back" could ever be invoked. Ratio |
The invocation of such a doctrine leads to strange results. Ratio |
When a candidate completes the subjects only in the supplementary examination, then alone, he passes the examination. Ratio |
It is that pass which is declared. Ratio |
If the "doctrine of relation back" is applied, it would have the effect of deeming to have passed in the annual examination, held at the end of 12 months, which on the face of it is untrue. Ratio |
With this, we pass on to clause (vi) which deals with the stage where the candidate had failed in the First Annual Examination in a subject or subjects and he had not passed in that subject or subjects in the supplementary examination also. Ratio |
The next annual examination arrives. Ratio |
The appearance in that examination is conditioned upon production of two certificates: i)A certificate required under the Regulations to the effect that he had attended to the satisfaction of the Principle; ii)A certificate to the effect that he had undergone a further course of study for a period of next academic year... |
Whatever it is, a candidate has to complete all the subjects within four chances. Ratio |
Should he fail to do so, he will have to undergo the course in all subjects for one yea, unless of course, he gets the exemption as stated in proviso to Clause (vii). Ratio |
Nowhere do, we find in Regulation 11 system of carry forward '. Ratio |
On the contrary, it is detention every year. Ratio |
The High Court was moved by the fact that if a candidate were to pass in supplementary examination after passing the examination, he will have to remain at home till the next annual examination. Ratio |
So, he is allowed to undergo a course for next academic year provisionally. Ratio |
On this line of reasoning, clause (iv) & (vi) of Regulation II are sought to be "harmoniously construed '. Ratio |
We are unable to accept this line of reasoning or the so called harmonious construction because it does violence to the language of the Regulation. Ratio |
It clearly violates the mandatory requirements of Regulation 9. Ratio |
It has already been noted as to what those requirements are. Ratio |
To repeat: i) The lapse of one year period between the passing of First D.H.M.S. examination and taking the Second D.H.M.S. examination. Ratio |
ii) Subsequent to the passing of the First D.H.M.S. examination to undergo the course of study for one year. Ratio |
Therefore, if a candidate passes in the supplementary examination, the requirement of one year cannot be enforced. Ratio |
Worse still is 322 a case of a student who passes only at the next annual examination. Ratio |
Could he be allowed to take the Second D.H.M.S. examination without even completing the First? Ratio |
Should he by chance pass the Second D.H.M.S. and not complete the First, since he is still one more chance to take this examination, what is to happen? The situation is absurd. Ratio |
The same principle should apply to Regulation 10 where the lapse is one and half years. Ratio |
The word 'supplement ' is defined in Oxford Dictionary, Seventh Edition, page 1072: "think added to remedy deficiencies; part added to book etc, with further information, or to periodical for treatment of particular matter(s) of an angle,(Math.)its deficiency from 180(of.COMPLEMENT); hence Al, ARY, (mem) adjs.(suppleme... |
[ME,f.L. sup (plementum f plere fill; see ment]" Therefore,the adjective 'supplementary ' means and examination to makeup the deficiencies. Ratio |
it stands to reason only when deficiencies are made up, the whole becomes complete. Ratio |
On this score to say that passing the supplementary examination would relate back to the annual examination will be totally incorrect. Ratio |
What counts is when the whole is made up. Ratio |
From that time of making up one year or one and half years must elapse for second or Third D.H.M.S. examinations as the case Amy be. Ratio |
The stand of the appellants counsel as seen from letter dated 12.12.1989 is as follows: "From: Dr. P.L. Verma, Secretary, Central Council of Homeopathy, 10, Community Centre, Basant Lok, Vasant Vihar, New Delhi 110037. ARG |
TO The Chairman, The Council, Homoeopathic Systems of Medicine, 3027 28, Sector 22 D, Chandigarh. ARG |
323 Sub:Enforcement of D.H.M.S (Diploma Course) Regulation 1983 w.e.f.1983 84 Academic Sessions students demand for grant of provisional promotion with reappearance in only one subject to the next higher class even beyond supplementary examination even prior to his passing the lower class examination as a whole. ARG |
With reference to your letter No. CHSM PV 134 /89/1253 dated 29/ 30 November, 1989 on the subject noted above. ARG |
I am to say that the question of permitting to appear simultaneously for two examinations i.e. lower reappear subjects and complete subjects of the next higher class does not arise as no candidate has to be admitted to the Second D.H.M.S. examination unless he had passed the first D.H.M.S. examination at the end of one... |
Similarly, no candidate shall be admitted to the Third D.H.M. section examination unless he has passed the second D.H.M.S. examination 1 1/2 years previously and has also attended the course for a period of 1 1/2 years subsequent to his passing of the Second D.H.M.S. Examination. ARG |
COUNCIL OF HOMOEOPATHIC SYSTEM OF MEDICINE 3027 28, Sector 22 D CHANDIGARH (UT) No. CHCH PV 9134/89/AT 198 200 Dated 5.2.90 Copy forwarded to the Principal, Lord Mahaveera Homeopathic Medical College, Ludhiana/Abohar/Chandigarh for information and necessary action. ARG |
This may please be notified for information of all the students under intimation to the undersigned. ARG |
The above guidelines/directions of the Central Council may please be strictly followed and observed in respect of matters indicated therein. ARG |
sd/ (R.K. Sharma) Registrar, No.CHMS/PV/134/89/AI 201 210 Dated 5.2.90. ARG |
" This stand in our opinion is correct. Ratio |
If a student were to sit idle at home after passing the supplementary 324 examination that is his own making. Ratio |
To avoid such a situation, the Regulation cannot be construed causing violence to the language. Ratio |
These Regulations are plain enough and are susceptible only to literary interpretation. Ratio |
In 'Maxwell on the Interpretation of Statutes ' 12th Edition, it is stated at page 29 as under: "Where the language is plain and admits of but one meaning, the task of interpretation can hardly be said to arise. Ratio |
"The decision in this case," said Lord Morris of Borth y Gest in a revenue case, "calls for a full and fair application of particular statutory language to particular facts as found. Ratio |
The desirability or the undesirability of one conclusion as compared with another cannot furnish a guide in reaching a decision." (Shop and Store Developments Ltd. vs I.R.C. (1967) 1 A.C. 472). PRE |
Where, by the use of clear and unequivocal language capable of only one meaning, anything is enacted by the legislature, it must be enforced however harsh or absurd or contrary to common sense the result may be.(Cartledge vs E. Jopling & Sons, Ltd.) Ratio |
The interpretation of a statue is not to be collected from any notions which may be entertained by the court as to what is just and expedient: (Gwynne vs Burnell Words are not to be construed, contrary to their meaning, as embracing or excluding cases merely because no good reason appears why they should not be embrace... |
(Whitehead vs James Stott Ltd. The duty of the court is to expound the law as it stands, and to "leave the remedy (if one be resolved upon) to others." (Sutters vs Briggs We construe the Regulations as they stand without introducing any element of ambiguity or absurdity. Ratio |
The manner in which the respondents have passed the examination is set out in the following tabulated statement: "C.W.P. No. 13926 of 1991 Miss Kamaljit & eight others of L.M. Homoeopathic Medical College, Ludhiana. Ratio |
1st prof.Annual/88 Supp/88 Annual/89 Respondent No. Re appear Re appear Pass 325 1, Miss Kamaljit in 3 in 2 Contd.d/o Sawam subjects subjects Singh (Admitted in 1987) Resp.2, Re appear pass Sh.Narinder in 2 Contd Kumar s/o subjects Satya Pal Goyal (Admitted in 1987) Resp.No. 3 Shri Re appear pass Contd.Mohd Ramzan in ... |
Tattan Singh subjects subjects (Admitted in 1987) Res.No. 7 Re appear pass " Narinder Singh in1 s/o Sh.Sant subject Singh (Admitted in 1987) Res. Ratio |
No. 8 Inderjit Mehta d/o Anant Ram Mehta (Admitted in 1987) Resp.No. 9 Fail Re appear pass Ratio |
Tejvinder Singh, in1 s/o Jaswant Singh (Admitted in 1987) 326 Continued Part IInd Prof. (CWP No. 481of 1991) Ratio |
3rd Prof. (CWP No: 13926/91) Suppl./89 Annual/90 Suppl/91 Re appear Re appear Re appear Allowed to appear in 3 in 3 in1 as per court subjects subjects subject order dt.6.9.91 by the Principal of L. Homoeopathic Medical College. Ratio |
Re appear Re appear pass As per court in 3 in1 order dt.6.9.91 subjects subject (without court order) Ratio |
Re appear Re appear pass Not appeared in 4 in 1 subjects subject Ratio |
Re appear Re appear pass As per court in 3 in1 orderdt 6.9.91 Fail Ratio |
Re appear pass As per court in 2 order subjects dt.6.9.91 Re appear Re appear pass Ratio |
As per court in 1 pass Order subject dt.6.9.91 Re appear Re appear pass Allowed to in 2 in 2 appear as subjects subjects per Court order dt.6.9.91" Ratio |
Mr. Ranjit Kumar pleads before us that equities must weigh in favour of students. Ratio |
With reference to that plea, we hold that he students who had completed the whole course, attended all the courses of study for the three sessions of 12 months, 12 months and 18 months respectively and had passed all the examinations in all the subjects, though not in the sequential order required by the 327 regulation... |
In the words of Anne Sophie Swetchine: "The world has no sympathy with any but positive griefs; it will pity you for what you lose, but never for what you lack. Ratio |
We think that their cases may perhaps have to be examined from the point of these equities by the Council of Homeopathic System of Medicines. Ratio |
The candidates who, as on today, have attended all the courses and have passed all the examinations might make an appropriate representation to the Council of Homeopathic System of Medicines (the appellant) to consider their cases. RPC |
The representation shall be filed within a period of four weeks from today. RPC |
The Council of Homeopathic System of Medicines (the appellant) will take appropriate decision within one month thereafter. RPC |
The Council in doing so shall bear in mind all the relevant circumstances, including, perhaps the spirit of the corresponding regulations under the Bihar Act, in which such sequential purpose is not insisted upon. RPC |
Criminal Appeal No. 53 of 1951. FAC |
Appeal by special leave from the Judgment and Order dated the 8th June 1951 of the ' High Court of Judica ture at Nagpur (Hemeon and Rao JJ.) in Criminal Appeal No. 297 of 1950, arising out of the Judgment and Order dated the 11 th September 1950 of the Court of the Additional Sessions Judge of Bhandara in Sessions Tri... |
Bakshi Tek Chand, (Gopal Singh, with him) for the appellant. FAC |
section K. Kapoor, for the respondent. FAC |
March 4. FAC |
The Judgment of the Court was delivered by BOSE J. FAC |
The appellant Kashmira Singh has been convicted of the murder of one Ramesh, a small boy aged five, and has been sentenced to death. FAC |
He was granted special leave to appeal. FAC |
Three other persons were tried along with him. FAC |
They were his brother Gurudayal singh, his nephew Pritipalsingh (son of Gurudayal), a boy of eleven, and one Gurubachan singh. FAC |
Gurudayal and pritipal have been acquitted. FAC |
Guruba chansingh confessed and was convicted. FAC |
He was also sentenced to death. FAC |
He has not appealed here. FAC |
The murder was a particularly cruel and revolting one and for that reason it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law. Ratio |
The prosecution case is this. FAC |
The deceased Ramesh was the son of P.W. 48 L.P. Tiwari who was the Food Officer at Gondia at the relevant date. FAC |
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