IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7106 of 2009 1. PREM NATH TIWARI @ PAPPU NATH TIWARI, SON OF UMESHWARNATH TIWARI, RESIDENT OF VILLAGE- BISWAPURA BATHWARIA, DISTRICT- WEST CHAMPARAN. 2. RAMBABU, SON OF LAKSHMAN, RESIDENT OF DHABA BRAUT, P.S. HANDIA, DISTRICT- ALLAHABAD (U.P.), AT PRESENT RESIDING IN THE TOWN OF MOTIHARI, P.S. MOTIHARI, DISTRICT- EAST CHAMPARAN. 3. GAJENDRA KUMAR, SON OF SRI VIJAY KUMAR, RESIDENT OF VILLAGE- SOLAUR, P.S. GATHNI, DISTRICT- SIWAN. 4. GAJENDRA SINGH, SON OF DEFEDAR SINGH, RESIDENT OF VILLAGE AWAS VIKAS, P.S. KAMALGANJ, DISTRICT- FARUKHABAD, U.P. PRESENTLY RESIDING IN THE TOWN OF MOTIHARI, P.S. MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 5. ADWAIT PRAKASH PANDEY, SON OF KRISHNA MUKHER PANDEY, RESIDENT OF NEW COLONY, HATHAKHANA, P.S. FATEHGARH, DISTRICT- FARUKHABAD (U.P., AT PRESENT RESIDING IN THE TOWN OF MOTIHARI, P.S. MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. 6. HIMANCHAL VERMA, SON OF SRI KRISHNA VERMA, RESIDENT OF MOHALLA- HATHIPUR, NEAR VERMA CLINIC ANAND TALKIES ROAD, P.S.- KOTWALI, DISTRICT- LAKHIMPUR KHIRI (U.P.), PRESENTLY RESIDING IN THE TOWN OF MOTIHARI P.S.. MOTIHARI, DISTRICT- EAST CHAMPARAN. 7. RAKESH KUMAR, SON OF UPENDRA KUMAR VERMA, RESIDENT OF MOHALLA- BHAWANIPUR, ZIRAT, P.S.- CHHATAUNI, DISTT- EAST CHAMPARAN. 8. MD. ASLAM, SON OF FAISAL AHMAD, RESIDENT OF VILLAGE- MIRGANJ, P.S.- TOWN AND DISTRICT- BEGUSARAI. 9. SINGH DHARMENDRA KUMAR HARISHANKAR, SON OF SRI HARISHANKAR INDRA PAL RESIDENT OF GOVIND NIWAS KRISHNA NAGAR, P.S. VAGLE STATE- DISTRICT- THANE, MAHARASHTRA, AT PRESENT RESIDING IN THE TOWN OF MOTIHARI, P.S. MOTIHARI, DISTRICT- EAST CHAMPARAN. 10. ASHISH KUMAR GUPTA, SON OF SRI SHEOKANT GUPTA, RESIDENT OF SADAT P.S. SADAT, DISTRICT- GHAZIPUR (U.P.) AT PRESENT RESIDING IN THE TOWN OF MOTIHARI, P.S. MOTIHARI, DISTRICT- EAST CHAMPARAN. 11. AMAR NATH SINGH, SON OF SRI KAILASH NATH SINGH, RESIDENT OF VILLAGE- BAHADURPUR, P.S.- KASIMABAD, DISTRICT- GHAZIPUR, U.P. AT PRESENT RESIDING IN THE TOWN OF MOTIHARI, P.S. MOTIHARI, TOWN DISTRICT- EAST CHAMPARAN. 12. RUBI KUMARI, WIFE OF SRI UMASHANKAR SINGH, RESIDENT OF VILLAGE- NIPUNIYA, P.S.- PHULWARIA, DISTRICT- BEGUSARAI, 13. RISHINDRA NATH GAUD, SON OF SRI RAVINDRA NATH GAUD, RESIDENT OF NEAR MEMORIAL HOSPITAL FATEHGARH, DISTRICT- FARUKHABAD, U.P. 14. KUMARI NIDHI, DAUGHTER OF AWADHESH DIXIT, RESIDENT OF 5/141 NAWAB NEYAMAT KHAN, EAST RAILWAY BOARD, DISTRICT- FARUKHABAD (U.P.). 15. CHANDRESH KUMAR, S/O- SRI VIJAYDHARI YADAV, RESIDENT OF VILLAGE- RAMPUR, P.S. RAMPUR, DISTRICT- JOHNPUR (u.p.), AT PRESENT RESIDING IN MOTIHARI, P.S. MOTIHARI TIWN, DISTRICT- EAST CHAMPARAN. 16. RAJESH KUMAR VERMA, SON OF LATE PAL VERMA, RESIDENT OF VILLAGE- HATHIPUR, P.S.- HATHIPUR, DISTRICT- LAKHIMPUR KHERI (U.P.), PRESENTLY RESIDING AT MOTIHARI, P.S. MOTIHARI TOWN DISTRICT- EAST CHAMPARAN. 17. RAM SIROMANI YADAV, SON OF JHUNNI YADAV, RESIDENT OF BALBAGANJ, P.S. MOKALPUR, DISTRICT- JOHNPUR (U.P. AT PRESENT RESIDING AT MOTIHARI P.S. MOTIHARI TOWN, DISTRICT- EAST CHAMPARAN. :---- PETITIONERS. - 2 - Versus 1. THE STATE OF BIHAR through the Secretary, Department of Health (Medical Education and Indian System of Medicine), Govt. of Bihar, New Secretariat, Patna. 2. The Additional Secretary 3. The Joint Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna. 4. The Under Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna. 5. The Director, Indigenous system of Medicine, Govt. of Bihar, Patna. 6. The District Indigenous Medical Officer, East Champaran, Motihari, 7. The Principal, R.N. Mukherjee Ayurved College and Hospital, Motihari, District- East Champaran. 8. B.S. B.R.A., Bihar University, Muzaffarpur through its Registrar. 9. The Vice Chancellor, B.S.B.R.A. Bihar University, Muzaffarpur. 10. The Controller of Examination, B.S.B.R.A., Bihar University,Muzaffarpur. 11. The Registrar, B.S.B.R.A. Bihar University, Muzaffarpur :--- Respondents. ----------- 05. 02.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are the students of B.A.M.S., Part-I Course in the R.N.Mukherjee Ayurvedic College and Hospital, Motihari which is a college affiliated to the Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as the “University”). They have filed this writ application for a direction to the University to allow them to appear in the ensuing B.A.M.S. examination conducted by the University as the University is not permitting the petitioners to appear in the examination on the ground that they having been registered earlier and could not pass the course along with the others of their batch are prevented from appearing in the subsequent examination unless they take fresh admission. Such submission is being refuted by the learned counsel for the petitioners on the ground that the petitioners having been registered and their registration having not been cancelled the University authorities cannot prevent them from appearing in the subsequent examination as on account of circumstances beyond their control they could not appear in the earlier examination conducted for the appearance of the students of their batch. Appreciating such submission this Court had passed two earlier orders, one is dated 17.04.2008, Annexure-12 and the other is dated 31.1.2007, Annexure-11, whereunder this Court considered the submission and directed the University to - 3 - allow the students who have been registered with the University for the B.A.M.S. Course and for any reason could not appear in the earlier examination then to appear in the subsequent examination. In the light of the order dated 31.1.2007 passed in C.W.J.C.No. 14980 of 2006, Annexure-11, the University authorities have issued Letter No. 8314 dated 18.6.2007, Annexure-10, perusal whereof would indicate that same makes reference to the order of this Court dated 31.1.2007, Annexure-11. 3. Let the authorities of the University consider the grievance of the petitioners in the light of the aforesaid two orders of this Court dated 31.1.2007 and 17.4.2008, Annexures- 11 and 12 as also the instructions contained in letter dated 18.06.2007, Annexure-10 and if the case of the petitioners is similar to that of the petitioners of the two writ cases which were disposed of under orders dated 31.1.2007 and 17.4.2008, Annexures 11 and 12 then similar relief be also allowed to the petitioners. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)