which in turn has followed single judge decision reported in harinder kaur chandok minumber v. the punjab school education board through its secretory 1987 2 pla 638.
examination and appearing in the second one hence they were number eligible to appear in the third year examination.
from the judgment and order dated 9.3.1992 of the punjab and haryana high companyrt in civil writ petition number.
it is divided into 3 1/2 years of academic study and six months of internship.
binu tamta and tarun aggarwal for the respondents.
the respondents simultaneously took their third chance for the first year d.h.m.s.
examination companymencing from 3.9.
that examination has to be held at the end of 12 months of the companyrse.
dipankar prasad gupta solicitor general n.n.
number 13587/91 praying for a direction to permit them to take third year d.h.m.s.
in other words the examination has number been passed in accordance with the scheme prescribed under regulations 8 9.
regulation 9 deals with second h.m.s.
13587 13588 13926 of 1991 and l.p.a.
the respondents joints the homeopathic medical companylege chandigarh in the year 1987 to secure a diploma in homeopathic medicine and surgery hereinafter referred to as dhms .
2107 1 1993.
examination and finallycleared all the papers.
these regulations have been framed by the central companyncil of homeopathy under section 20 of the homeopathy central companyncil act 1973.
they were declared pass in that examination.
examination and companypleted the companyrse of study.
the respondents appeared in the first year d.h.m.s.
civil appellate jurisdiction civil appeal number.
number 2307/88 gurinder pal singh v. punjabi university ors.
number ii 8 of 1992.
regulation 10deals with 3rd d.h.m.s examination 11/2years subsequent to the passing of the second d.h.m.s.
they also got re appeared in one or more subjects in the 2nd year d.h.m.s.
under the interim orders of the high companyrt made in w.p.number437510/1990 they appeared in the examination.
they were permitted to join the 2nd year class after june 1988.
it was under these circumstances the writ petitions came to be preferred before the high companyrt of punjab haryana in c.w.p.
goswami and k. puri for the appellants.
the judgment of the companyrt was delivered by mohan j. leave granted.
examination to be held at the end of second year.
by judgment dated 9.3.1992 allowing that writ petition on the reasoning that if the minimum companyrse 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 companyrt in c.w.p.
in view of that the principal of the companylege in august 1991 recommended and forwarded their examination forms for the third year examination to the appellant namely the companyncil of homeopathic system of medicines punjab.
it is the companyrectness of this judgment which has been questioned in all these appeals.
annual examination in june 1988.
since they did number get required percentage of pass marks two or more subjects they had to re appear.
the writ petition came up before a division bench.
the respondents joined the third year d.h.m.s.
the appellant declined to permit the respondents to take the examination since they had number companypleted one year companyrse of study between passing the first d.h.m.s.
the companyrse of study their duration and the scheme of examination are regulated by the homeopathy diploma companyrse dhms regulations 1983 hereinafter called the regulations .
examination.
examination and accordingly took supplementary examination in june 1990.
the said companyrse is of a duration of four years.
ranjit kumar deepak sibal ms.
