CWP-21616 IN THE HIGH COURT OF PUNJAB AND HARYANA Ayush Vashisth State of Punjab and others CORAM: Present: KULDEEP TIWARI 1. Medicine and Surgery Course (BAMS), with respondent No.3 which is affiliated to respondent No.2 Court by filing the instant writ petition, under Article 226 of t Constitution of India, examinations, which were No.3. Further, a prayer is made for issuance of a Mandamus upon respondents No.2 and 3, to provide a one the petitioner 21616-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ayush Vashisth Versus State of Punjab and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Varun Aryan Sharma, Advocate, for the petitioner. Dr. Dharminder S. Lamba, Additional A.G., Punjab. Mr. R. Kartikea, Advocate, and Ms. R. Akanksha, Advocate, for Mr. Deepinder Singh Walia, Advocate, for respondent No.3. Ms. Mona Yadav, Advocate, for Mr. Ranjit Singh Kalra, Advocate, for respondent No.4. **** KULDEEP TIWARI, J. (Oral) The petitioner, who is pursuing Bachelor of Ayurvedic Medicine and Surgery Course (BAMS), with respondent No.3 which is affiliated to respondent No.2-University, has approached this Court by filing the instant writ petition, under Article 226 of t Constitution of India, as he was not allowed examinations, which were scheduled for June, 2025 . Further, a prayer is made for issuance of a Mandamus upon respondents No.2 and 3, to provide a one the petitioner to appear in the 4th/final year examinations. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21616-2025 (O&M) Date of decision: 23.09.2025 ….Petitioner ….Respondents KULDEEP TIWARI Mr. Varun Aryan Sharma, Advocate, S. Lamba, Additional A.G., Punjab. Mr. R. Kartikea, Advocate, and Ms. R. Akanksha, Advocate, for respondent No.2. Mr. Deepinder Singh Walia, Advocate, Ms. Mona Yadav, Advocate, for Mr. Ranjit Singh Kalra, Advocate, The petitioner, who is pursuing Bachelor of Ayurvedic Medicine and Surgery Course (BAMS), with respondent No.3-College, University, has approached this Court by filing the instant writ petition, under Article 226 of the as he was not allowed to take 4th/final year for June, 2025, by the respondent . Further, a prayer is made for issuance of a Mandamus upon respondents No.2 and 3, to provide a one-time golden chance, to enable /final year examinations. 5 ….Respondents The petitioner, who is pursuing Bachelor of Ayurvedic College, University, has approached this he /final year , by the respondent . Further, a prayer is made for issuance of a Mandamus upon to enable AMIT KUMAR 2025.09.25 10:50 I attest to the accuracy and authenticity of this document CWP-21616 2. motion on 21616-2025 -2- A Coordinate Bench of this Court, motion on 30.07.2025, had drawn the hereinafter extracted order: “Learned counsel for the petitioner submits t petitioner was prevented from appearing in the 4th year final examination, which was held in 2025 by the respondents without giving any valid reasons and justification, hence the petitioner be given another chance to appear in the said examination so that the study which the petitioner has already undertaken wasted and petitioner’s degree will be not delayed. Notice of motion. Mr. TPS Chawla, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State. Mr. R. Kartikeya, accepts notice on behalf of the respondents-University and submits that the Secretary of the respondent No. 3- college concerned has been called so that he can explain as to why the petitioner has to appear in the 4th year final examination which was held in the month of June, 2025 despite the fact that roll number for the said examination was duly sent to the petitioner, but as of now, no response has been received from the College. Respondent No. 3-College is directed to fi affidavit to the extent that inspite of issuance of roll number to him , why the petitioner was not allowed to appear in the 4th year final examination, which exam was month of June, 2025 alongwith the ground taken by respondent No. 3-college for seeking ‘no objection certificate’ from the petitioner as well as the denying the said ‘no objection certificate’, so that the appropriate order in the present petition can be passed. Adjourned to 11.09.2025 to await service of respondents.” A Coordinate Bench of this Court, while issuing notice of the hereinafter extracted order:- Learned counsel for the petitioner submits that the prevented from appearing in the 4th year final examination, which was held in the month of June, 2025 by the respondents without giving any valid reasons and justification, hence the petitioner be given another said examination so that the study which the petitioner has already undertaken should not go wasted and petitioner’s degree will be not delayed. Mr. TPS Chawla, Sr. DAG, Punjab, accepts notice on State. R. Kartikeya, accepts notice on behalf of the University and submits that the Secretary of the concerned has been called so that he can explain as to why the petitioner has not been allowed nal examination which was held the month of June, 2025 despite the fact that roll number examination was duly sent to the petitioner, but been received from the College. College is directed to file a specific to the extent that inspite of issuance of roll number was not allowed to appear in the 4th year final examination, which exam was held in the month of June, 2025 alongwith the ground taken by college for seeking ‘no objection certificate’ from the petitioner as well as the reason for denying the said ‘no objection certificate’, so that the order in the present petition can be passed. Adjourned to 11.09.2025 to await service of other while issuing notice of hat the prevented from appearing in the 4th year the month of June, 2025 by the respondents without giving any valid reasons and justification, hence the petitioner be given another said examination so that the study should not go Mr. TPS Chawla, Sr. DAG, Punjab, accepts notice on R. Kartikeya, accepts notice on behalf of the University and submits that the Secretary of the concerned has been called so that not been allowed nal examination which was held the month of June, 2025 despite the fact that roll number examination was duly sent to the petitioner, but le a specific to the extent that inspite of issuance of roll number was not allowed to appear in the held in the month of June, 2025 alongwith the ground taken by college for seeking ‘no objection reason for denying the said ‘no objection certificate’, so that the other AMIT KUMAR 2025.09.25 10:50 I attest to the accuracy and authenticity of this document CWP-21616 3. Walia, Advocate, has caused appearance on behalf of contesting respondent No.3, and filed a written statement, which is taken on record. A copy thereof has also been supplied t petitioner. 4. than 75% attend Accordingly, the petitioner was directed to in-affidavit relaxation in 75% abovesaid condition University, which, in turn, directed the respondent petitioner to take the examinations, vide communication dated 19.06.2025 (Annexure R College, allowed to appear in the examinations. However, he did not opt to take the examinations, and th this stage. 5. submits that examinations, which required to 2025. 21616-2025 -3- In pursuance of the order (supra), Mr. Deepin Walia, Advocate, has caused appearance on behalf of contesting respondent No.3, and filed a written statement, which is taken on record. A copy thereof has also been supplied t petitioner. At the outset, he submits that the petitioner was 75% attendance, and was also required to deposit the tuition fee. Accordingly, the petitioner was directed to affidavit that he would deposit the entire relaxation in 75% attendance. However, instead of abovesaid condition, he filed a complaint with respondent No.2 University, which, in turn, directed the respondent petitioner to take the examinations, vide communication dated 19.06.2025 (Annexure R-3/6). In compliance thereto, on the very next date, intimated the petitioner allowed to appear in the examinations. However, he did not opt to take the examinations, and therefore, he is not entitled this stage. Learned counsel for the petitioner, on submits that even if the petitioner had appeared midway in the examinations, which commenced from 17.06.2025, required to take supplementary examinations in the month of December, In pursuance of the order (supra), Mr. Deepinder Singh Walia, Advocate, has caused appearance on behalf of contesting respondent No.3, and filed a written statement, which is taken on record. A copy thereof has also been supplied to the learned counsel for the At the outset, he submits that the petitioner was having less also required to deposit the tuition fee. Accordingly, the petitioner was directed to submit an undertaking/sworn- entire fee, and also for claiming . However, instead of adhering to the , he filed a complaint with respondent No.2- University, which, in turn, directed the respondent-College to allow the petitioner to take the examinations, vide communication dated In compliance thereto, the respondent intimated the petitioner that he was allowed to appear in the examinations. However, he did not opt to take , he is not entitled to agitate the matter, at Learned counsel for the petitioner, on the other hand, ioner had appeared midway in the commenced from 17.06.2025, still he would be take supplementary examinations in the month of December, Singh Walia, Advocate, has caused appearance on behalf of contesting respondent No.3, and filed a written statement, which is taken on record. o the learned counsel for the having less also required to deposit the tuition fee. - , and also for claiming adhering to the - lege to allow the petitioner to take the examinations, vide communication dated the respondent was allowed to appear in the examinations. However, he did not opt to take agitate the matter, at other hand, ioner had appeared midway in the be take supplementary examinations in the month of December, AMIT KUMAR 2025.09.25 10:50 I attest to the accuracy and authenticity of this document CWP-21616 6. fairly submits that which are slated in December, 202 7. the abovesaid proposal. However, he submits that tuition fee, shall also deposit the hostel fee 8. required to delve any further into the matter. Accordingly, the writ petition examinations, which are scheduled to be held in the month of December, 2025; entire Rotary Internship, which shall be subject to the result of the examinations of 4 fails to clear the examinations (supra), he Internship afresh, as required under the rules in vogue. 23.09.202 Ak Sharma 21616-2025 -4- Faced with the above, learned counsel for respondent No.3 fairly submits that the petitioner can still appear in the examinations, which are slated in December, 2025. Learned counsel for the petitioner the abovesaid proposal. However, he submits that tuition fee, the same has already been deposited shall also deposit the hostel fee, in terms of Annexure R In view of the abovesaid admitted position, this Court is not required to delve any further into the matter. Accordingly, the etition is disposed of, with the following directions: 1) The petitioner is allowed to take 4 examinations, which are scheduled to be held in the month of December, 2025; 2) The petitioner shall, within a month from today, clear the entire dues, as demanded by respondent No.3; and 3) The petitioner is also allowed to join the Compulsory Rotary Internship, which shall be subject to the result of the examinations of 4th/final year. However, in case, the petitioner fails to clear the examinations (supra), he Internship afresh, as required under the rules in vogue. .2025 Whether speaking/reasoned Whether reportable , learned counsel for respondent No.3, the petitioner can still appear in the examinations, Learned counsel for the petitioner, on instructions, accepts the abovesaid proposal. However, he submits that as regards the issue of deposited by the petitioner, and he of Annexure R-3/8. admitted position, this Court is not required to delve any further into the matter. Accordingly, the instant is disposed of, with the following directions:- The petitioner is allowed to take 4th/final year examinations, which are scheduled to be held in the month of The petitioner shall, within a month from today, clear the dues, as demanded by respondent No.3; and allowed to join the Compulsory Rotary Internship, which shall be subject to the result of the /final year. However, in case, the petitioner fails to clear the examinations (supra), he shall have to undergo the Internship afresh, as required under the rules in vogue. (KULDEEP TIWARI) JUDGE Yes/No Yes/No , the petitioner can still appear in the examinations, , on instructions, accepts s regards the issue of he admitted position, this Court is not instant /final year examinations, which are scheduled to be held in the month of The petitioner shall, within a month from today, clear the allowed to join the Compulsory Rotary Internship, which shall be subject to the result of the /final year. However, in case, the petitioner to undergo the AMIT KUMAR 2025.09.25 10:50 I attest to the accuracy and authenticity of this document