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PETITIONER: BHARTIYA HOMOEPATHY COLLEGE, BHARATPUR

       Vs.

RESPONDENT: STUDENTS COUNCIL OF HOMEOPATHYMEDICAL COLLEGE, JAIPUR & ORS.

DATE OF JUDGMENT:       03/02/1998

BENCH: SUJATA V. MANOHAR, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT: [With Civil  Appeal No.  16041/96, CA No.555/98 {Arising out of SLP {C} No. 2991/98 {cc 9141/97}] and W.P.NO.81/97]                       J U D G M E N T Mrs, Sujata V. Manohar. J.      Delay condoned.      Leave granted,      Appeals 16040  and 16040 and 16041 of 1996 arise from a common judgment  of the  Division Bench of the High Court of Rajasthan at  Jaipur dated  11th of  October, 1996  in  D.B. Civil Special  Appeal (Writ)  No.15/1996 against  the  order dated 13.12.1995  of the  Learned Single Judge in Civil writ Petition 4882  of 1995.  Civil Appeal No. 16040  of 1996 has been filed  by Bhartiya  Homeopathy College, Bharatpur while Civil Appeal  No. 16041  of 1996  is filed  by Yuvraj Pratap Senior Memorial  Homeopathy Medical  College, Alwar. For the sake of  convenience we  are setting  out the facts in Civil Appeal No. 16041 of 1996. Both the appeals along with appeal arising from  S.L.P. (C)  No. 2991/98  (cc 9141/97) and Writ Petition No.  81 of  1997 have  been heard  together because they raise  common question and arise from the same judgment of the Division Bench of the Rajasthan High Court.      In 1969  the Legislature  of  the  State  of  Rajasthan enacted the  Rajasthan Homeopathic Medicine Act, 1969 (Act 1 or  1970).   Section  3   of  the   Act  provides   for  the establishment  of   the  Rajasthan   Board  of   Homeopathic Medicine. Section  40(1) of the said Act prescribes that the said Board  shall have  the power  to recognise  Homeopathic educational or instructional institutions for the purpose of affiliation. Section 40(iii) exposers the said Board to hold examinations and  to grant  degrees/diplomas to  persons who shall have  pursued a  course of  study  in  an  educational institution  affiliated   to  the   Board.  Accordingly  the Rajasthan Board of Homeopathic Medicine was set up under the said  Act.  It  conducted  examinations  for  the  grant  of B.H.M.S. Degree  as well as examinations for  A a Diploma in Homeopathy.  The   two  appellant   colleges  at  Alwar  and Bharatpur were,  at the  material time,  affiliated  to  the Rajasthan Board  of  Homeopathic  Medicine.  Their  students appeared for  the  B.H.M.S.  examination  conducted  by  the Rajasthan Board of Homeopathic Medicine until about 1994.

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    In 1973  the Central  Government enacted the Homeopathy Central Council  Act, 1973  (Act 59  of 1973). Section 13 of the  Homeopathy  Central  Council  Act,  1973  provides  for recognition of  medical qualifications in Homeopathy granted by any  University, Board  or Medical  Institution in India. The recognised institutions and qualifications are listed in the Second  Schedule of  the Act.  In the  Second  Schedule, under the  head "State of Rajasthan", the Rajasthan Board of Homeopathic Medicine  is recognized  from 1979 onwards for a Diploma in  Homeopathic Medicine  & Surgery  (D.H.M.S.). The University of  Rajasthan is  recognised for  the  degree  of B.H.M.S. from  1990.  The  Rajasthan  Board  of  Homeopathic Medicine is  not recognised for the degree of B.H.M.S. under the Second  Schedule to the  Homeopathy Central Council Act, 1973. The  Rajasthan Board of Homeopathic Medicine, however, continued to  hold examination  for the  degree of  B.H.M.S. The Rajasthan  University also  conducted a degree course in Homeopathy for the degree of B.H.M.S. The Homeopathy Medical College at Jaipur was affiliated to the Rajasthan University for the B.H.M.S. degree cause.      On 31st  of March,  1987 the  State Government, Medical and  Health  Department,  wrote  to  the  Registrar  of  the University of Rajasthan stating that after consultation with the Rajasthan Board of Homeopathic Medicine and the Board of Indian medicine  Rajasthan, the  State Government considered it desirable that examination, inter alia, in respect of all the classes  of B.H.M.S.  should be  conducted thorough  the University of  Rajasthan in  respect of students studying in the colleges  which should  get themselves affiliated to the University. The  letter mentioned  three colleges which were conducting courses  leading the  B.H.M.S. These were the two appellant colleges  - one  at Bharatpur  and  the  other  at Alwar, and  the Homeopathic  Medical College  at Jaipur. The State conveyed  to the University that it would be better if the University  agrees to  conduct all  the  examination  of B.H.M.S./B.U.M.S. degree courses in respect of all the years right away  so that  the respective Boards may wind up their examination word  and the  State would  be in  a position to reshape or dissolve these Boards of the registration work of chiktsaks etc.  This proposal was considered at a meeting of the Academic  Council of  the University of Rajasthan at its meeting of  13.6.1987. In  the minutes  of the meeting it is recorded that  is respect  of  Homeopathy,  the  said  three colleges had sought affiliation from 1987-88 session. It was decided to  recommend acceptance  of the  State Government’s proposal subject  to certain  conditions which  are recorded there. There  does  not  seems  to  have  been  any  further progress regarding  affiliation of the appellant colleges to the university of Rajasthan for the B.H.M.S. course. For the academic session  1988-89, the  State of  Rajasthan, Medical and Public  Health Department, by its letter dated 21.7.1988 advised the  two  appellant  colleges  that  until  a  final decision  on   the  application   of  these   colleges   for affiliation is  taken by  the University,  status quo may be maintained and the affiliation of the two appellant colleges may be  continued with  the Rajasthan  Homeopathic  Medicine Board. The  State Government  also advised the Board that it will not  be proper  to  stop  admissions  till  the  matter regarding affiliation  is finally decided by the University. In the  meanwhile, for  the purpose  of affiliation  to  the Rajasthan University  inspections were  carried out  by  the University  of  Rajasthan  and  we  are  informed  that  the inspection reports were satisfactory.      In the  year 1993  the judgment  of this  Court in Unci Krishna, J.P.  and Ors.  V. State of Andhra Pradesh and Ors.

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(1993 1  SCC 645)  was pronounced.  As a result, the Central Council  of   Homeopathy,  by  its  letter  dated  18.8.1993 addressed  to   the  Secretary,   Government  of  Rajasthan, Department of  Health and Family welfare, Jaipur, as well as to the  Registrar, Rajasthan  Board of judgment in the above case, had  held that  by virtue  of the  provisions  of  the University Grants Commission Act, no educational institution in this  country except  a University  is entitled  to award degrees. The Central Council, therefore, requested the State of Rajasthan  that the  State Board  of Homeopathic Medicine should be  asked not  to award  a  degree  qualification  in Homeopathy henceforth.      In the  meanwhile, the  Central Council  recognised the appellant college  at Alwar  for the  year 1993-94  and this recognition has  been extended  subsequently for  the  years 1994-95, 1995-96 and 1996-97.      Pursuant to the application for affiliation made by the appellant college   at  Alwar to the University of Rajasthan for B.H.M.S.  degree course,  the University , by its letter dated  23.1.1994,  granted  a  provisional  affiliation  for B.H.M.S. degree course to the appellant college at Alwar for the session  1993-94 in  preparation for  its first B.H.M.S. examination 1994,  second B.H.M.S.  examination 1995,  third B.H.M.S. examination  1996 and  fourth B.H.M.S.  examination 1997 to  the fulfillment  of conditions  laid down  in  that letter. The  students of  this college  who were admitted to the 1st year B.H.M.S. course in 1993-94 thus became entitled to appear  in the  examinations of  the Rajasthan University leading to  the degree of B.H.M.S. Subsequently, on 6.4.1995 the University  of Rajasthan  granad provisional affiliation to the  appellant college  at Alwar for the academic session 1994-95 in  similar terms  and by  a letter of 2nd of April, 1996 it  again granted  provisional affiliation  to the said college  for   the  academic   session  1995-96  also.  This affiliation,  however,   did  not   cover  students  of  the appellant college  who had  taken admission prior to 1993-94 in the  said college  and who  were required  to  appear  in different years  of B.H.M.S.  examinations  in  1993-94  and thereafter. However,  in view of the provisional affiliation granted to  the  appellant  college  by  the  University  of Rajasthan in  January, 1994 the State of Rajasthan issued an order dated 20th of June, 1994 directing the Rajasthan Board of   Homeopathic    Medicine   not   to   conduct   B.H.M.S. examinations.      This order  was challenged  in a  writ  Petition  filed before the  High Court  of Rajasthan.  We are,  however  not concerned with  those proceedings here. Thereafter the State Government addressed  a letter dated 16th of August, 1994 to the Registrar,  University of  Rajasthan with  regard to the B.H.M.S. examination which were, upto then, conducted by the Rajasthan Homeopathic Medicine Board. The letter referred to the Central  Council for  Homeopathy’s  letter  of  18th  of August. 1993  and the decision of this Court in Unci Krishna v. state  of Andhra Pradesh (supra). It also referred to the opinion of the Law Department that the Rajasthan Homeopathic Medicine Board cannot issue degrees in Homeopathic Medicine. The letter recorded that keeping in view the above position, the State  Government suspended the examination for B.H.M.S. degree course  being conducted  by the Rajasthan Homeopathic Medical Board  and had also directed that no admissions will be made  by   the appellant colleges for the B.H.M.S. degree course of  the Rajasthan  Homeopathic  Medicine  Board.  The letter went on to say, "As the examination for degree course cannot be  conducted through  Rajasthan Homeopathic  Medical Board,  therefore,   now  this  questions  is  under  active

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consideration before  the State Government that the students who had  taken admission  for degree course in Alwar college and Bharatpur  college and  who are in the second, third and final year  of the  degree course  how their  future may  be saved  and   through  whom   their  examination   shall   be conducted."      "It was  discussed on  the  above  reference  with  the committee and Vice Chancellor of the University of Rajasthan on  24.6.1994.    During  the  period  of  discussion,  this proposal was also discussed that the examination of students of the Bharatpur and Alwar Homeopathetic Colleges in II, III and final  years of  B.H.M.S. Course  shall migrate  to  the Rajasthan Homeopathic  College Jaipur which is affiliated to the University  of Rajasthan  and their examination shall be got conducted  by the University of Rajasthan. It seems that pursuant to  this decision,  some of  the  students  of  the appellant colleges  were   allowed to  migrate to  the  said college at  Jaipur. However,  a large  number of students in this category continued with the two appellant colleges.      Looking to  the unforeseen  situation  in  which  these students were placed on account of the Rajasthan Homeopathic Medicine Board  not being  in  a  position  to  conduct  the B.H.M.S. Degree  examination,  the  Vice-Chancellor  of  the University of  Rajasthan passed  on order dated 13th of May, 1995 which  is the  subject-matter  of  challenge  in  these proceeding. The  order of  13th of May, 1995 has been passed pursuant  to   the  recommendation  made  by  the  Board  of Inspection of  the University of Rajasthan as per Resolution No.16 passed  at its  meeting  held  on  12th  and  18th  of December, 1994.  The Vice-Chancellor by the order of 18th of May, 1995.   has  ordered that  "the examinations of II, III and final year B.H.M.S. students admitted in the Homeopathic College,  Bharatpur   and  Homeopathic   College,  Alwar  be conducted by  the University,  without granting  affiliation for these  examination, as  per the existing syllabus of the University prescribed  for these  examinations in  order  to avoid hardship  to the students and also keeping in view the fact  that   the  Rajasthan   Homeopathy  Board   which  was conducting examinations  of these  two colleges has now been rendered ineligible for conducting examinations and awarding Degrees."      The commendations  of the Board of Inspection and Vice- Chancellor’s  order   of  13.5.1995  were  ratified  by  the Syndicate at its meeting held on 20/21.5.1995.      The Students’  Council of  the Homeopathic  College  at Jaipur filed  a public  interest litigation  challenging the order of  the Vice-Chancellor permitting the students in II, III  and  final  year  B.H.M.S.  classes  of  the  appellant colleges to  appear at  the examinations  being conducted by the University of Rajasthan. The petition was dismissed by a learned Single  Judge of  the Rajasthan  High Court  holding that the  Students’ Council  of the  Jaipur College  had  no locus stand  to file a public interest litigation In appeal, however, that Division Bench of the High Court has set aside the order of the Vice-Chancellor and has upheld the locus of the Students’  Council of  the Jaipur College to file such a petition. The  present  appeals  before  us  are  from  this judgment and  order of  the Division  Bench of the Rajasthan High Court at Jaipur.      From the above narration of facts, it is clear that the order of  the Vice-Chancellor  was  issued  after  extensive consultations with  the State Government and after the Board of Inspection  of the  Rajasthan University  approved of the students belonging  to the  two appellant colleges appearing for the  concerned B.H.M.S.  examinations. The  students who

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had taken  admission’ in  the two appellant colleges for the B.H.M.S. course  had done  so under  a bona fide belief that the B.H.M.S. examination conducted by the Rajasthan Board of Homeopathic Medicine  was an examination which was conducted by the  Board in  accordance with  laws  and  that  the  two appellant colleges  who were  affiliated  to  the  Rajasthan Board of  Homeopathic Medicine  were entitled  to send their students for  the B.H.M.S.  examinations  conducted  by  the Rajasthan Board  of Homeopathic  Medicine. It was on account of the  judgment of  this Court in the case of Unci Krishna, J.P. V.  State of  Andhra Pradesh  (supra) and  the  correct legal position  being pointed  by  the  Central  Council  of Homeopathy in  its light,  that the  State Government had to take  a   decision  to   close  down   the  B.H.M.S.  degree examination conducted  by the Rajasthan Board of Homeopathic Medicine. The  State itself  recognised    that  the  sudden closing down  of the  degree examination  of  the  Rajasthan Board would  lead to a complete disruption of the studies of the  students  who  had  already  taken  admission  for  the B.H.M.S.  degree  course  in  the  two  appellant  colleges, through no  fault of theirs. In order to see that the future of these  students was  no jeopardised, the State Government had requested   the  University of  Rajasthan to accommodate these students  and permit  them to  appear for the B.H.M.S. examinations for  different years  being  conducted  by  the University of  Rajasthan.  The  University    had  satisfied itself  through   the  Board  of  Inspection  that  the  two appellant colleges were imparting education in Homeopathy in a satisfactory manner. The University also took into account the fact  that students  of the  IInd, IIIrd  and final year B.H.M.S. courses  in the  two appellant  colleges were  left without any  remedy because  of the  sudden scrapping of the degree examination  of the  Rajasthan Board  of  Homeopathic Medicine. Therefore,  in view  of the  emergency  which  had arisen, the  Vice-Chancellor permitted the students of IInd, IIIrd and  renal year  degree courses  in the  two appellant colleges to  appear for  the University examinations for the Iind, IIIrd  and final  years of the B.H.M.S. course without granting affiliation to these two colleges for the concerned previous relevant years.      It is necessary to note that the University had granted affiliation to   both these colleges provisionally  from the academic year  1993-94 onwards. As a special case, the Vice- Chancellor permitted  the students of these colleges who had taken admission  prior to  1993-94 in  the  B.H.M.S.  degree course also to appear for the examinations as set out in the order of the vice-Chancellor. This order has been retired by the Syndicate  also. The  only narrow question which we have to consider  is whether the Vice-Chancellor has the power to do so under the Rajasthan University Act of 1946.      The relevant  provisions of Section 4 of the University of Rajasthan,  Act, 1946  which deals with the powers of the University are as follows:      "4: The  University shall  have the      following powers, namely:-      (1)...............      (1A)..............      (1B)..............      (2) to  hold  examinations  and  to      confer degrees and other         academic distinction upon-      (a)  persons  who  have  pursued  a      course of  study in  the University      or  its   affiliated  colleges   or      approved institutions and appeal at

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    and  as  the  examinations  of  the      University, nuder  conditions  laid      down   in    the   Ordinances   and      Regulations:      (b) persons  who have not pursued a      course of  study in  the University      or  its   affiliated  colleges   or      approved institutions but appear at      and pas  the  examinations  of  the      University    as     non-collegiate      students under  such conditions may      under  such  condition  as  may  be      prescribed by  the University  from      time to time:      Provided that  such  students  have      been residing  within the  State of      Rajasthan for such period as may be      prescribed by the University in the      Ordinances and Regulations."      Under  sub-section   (4),  the  University  can  confer degrees, diplomas  and other  academic  distinction  on  and provide teaching,  instruction  and  training  for  external students,  in   the  manner   prescribed  by  the  Statutes, Ordinances and  Regulations.  Under  sub-section  (4A),  the powers of the University include the power to admit colleges and institutions  to the privileges of the University and to withdraw  such   privileges.  under   sub-section  (7),  the University can  inspect  affiliated  colleges  and  approved institutions  and   take  measures  to  ensure  that  proper standards  of   teaching,  instruction   and  training   are maintained in them.      Under Section  4, sub-section (2), therefore, the power to hold  examinations and  to confer  degrees, is  given not merely in  respect of  persons who  have pursued a course of study in  the  University  or  its  affiliated  colleges  or approved institutions,  but also  in respect  of persons who have not  pursued a course of study in the University or its affiliated colleges  or approved  institutions but  who pass the examinations  of the  University. under  Section 4, sub- section (15),  the University  has the  power to do all such other acts,  whether incidental  to the  powers aforesaid or not, as  may be  requisite in order to further the object of the University  as an educational body, and to cultivate and promote the arts, science and other branches of learning.      The powers  of the  Vice-Chancellor are  laid  down  in Section 13.  Under Section  13(1), the Vice-Chancellor shall be the  principal executive  and  academic  officer  of  the University. Under  sub-section (2).  It shall be the duty of the Vice-Chancellor  to see  that this Act, the Statutes and the Ordinances are faithfully observed and he shall have all powers necessary  for this purpose. Under sub-section (4) it is provided as follows:      "13(4)(a) :  He may  take action in      any  emergency,   which,   in   his      opinion,   calls    for   immediate      action. He  shall, in  such a case,      and as  soon as  may be thereafter,      report his  action, to the officer,      authority  or  other  body  who  or      which would  ordinarily have  dealt      with the matter.      The powers and functions of the Syndicate are laid down in Section  22. Under  Section 22(i), the Syndicate, subject to the  Statutes, has to inspect and affiliate, recognise or approve colleges and hostel or institutions, and to withdraw

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affiliation, recognition  or approval  from them. Under sub- section (j),  it has to arrange for the holding examinations and publishing  results thereof.  Under sub-section  (k), it has to maintain proper standards of teaching and examination in  consultation  with  the  Academic  Council.  The  power, therefore, to  hold examinations and publish results as also the power  to inspect,  affiliate or  approve  colleges  and institutions is  with the  Syndicate.  The  Vice-Chancellor, however, has  in an  emergency  the  power  to  take  action immediately in  respect of  any of  these  matters  but  the action so  taken has  to  be  placed  before  the  concerned authority, that is to say the Syndicate.      Statute 37  of the  University of  Rajasthan deals with inspection and recognition of a college. Under Status 37(1), a college  applying for  affiliation, whether  for the first time or for extension in the period to temporary/provisional affiliation, or  in additional  subjects, or  for additional courses of study, or for permanent affiliation, shall make a written application  to the Registrar for the purpose in the manner provided  in the Statute and the Syndicate shall have the  power  to  recognise  or  withdraw  recognition.  Under Statute 37A,  a  Board  of  Inspection  is  required  to  be constituted for  the inspection  of colleges  as set  out in that Statute.      In the  present case, the students of the two appellant colleges who had joined the course of studies offered by the two colleges  leading to  a B.H.M.S. degree of the Rajasthan Board prior  to the appellant colleges being affiliated with the University  of Rajasthan  for the  B.H.M.S. course, were permitted by  the Vice-Chancellor  by the  impugned order to take  the  examinations  for  the  B.H.M.S.  course  of  the University of  Rajasthan. Looking to the situation where the examinations of  B.H.M.S. conducted  by the  Rajasthan Board were suddenly  required to be stopped, the students who were left stranded  were thus,  as a special case, allowed by the Vice-Chancellor to  appear for  the B.H.M.S.  examination of the concerned  year of  the University.  This was  in  clear exercise of  the emergency power of the Vice-Chancellor. But he had  taken this action on the recombinations of the Board of Inspectors.  The  decision  of  the  Vice-Chancellor  was placed before  the Syndicate as required under Section 13(4) and the  Syndicate had  also approved  of the  action of the Vice-Chancellor as  also the recommendation of  the Board of Inspectors.      It is,  however, contended that only the students of an affiliated   collage   can   appear   for   the   University examination.  In   this  connection,  the  respondents  have emphasised Section  4(2) of  the University of Rajasthan Act which empowers  the University  to hold  examination and  to confer degrees on persons who have studied in the University or its  affiliated colleges  or approved institutions. It is submitted that  unless  the  students  have  studied  in  an affiliated college, the University or the Vice-Chancellor or the Syndicates  has no  power to  permit  such  students  to appear for  its examinations. This submission ignores clause (b) of  sub-section (2)  of  Section  4  which  permits  the University to  allow even  persons who  had  not  pursued  a course of  studies  in  the  University  or  its  affiliated colleges or  approved institutions  to appear  and pass  the examinations as  non-collegiate students.  The power  of the University, therefore,  is not  confined to  only permitting students  from   affiliated  colleges   to  appear   for  an examination. In a given case, the University may permit even persons not  belonging to  affiliated collages to appear for the  examination.   The  power   to   grant   approval   for

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institutions also is wide. The approval can be for a limited purpose such as permitting appearance in an examination over a limited  period just  as affiliation can be provisional or permanent or  restricted. The  University has also very wide powers under  sub-section (15)  of Section  4 to do all such other acts  whether incidental  to the  specified powers  or otherwise as  may be  required to further the objects of the University  as   an  educational   body.  These  powers  are exercised, inter  alia,  through  the  Vice-Chancellor,  the Syndicate and  the Board  of Inspectors. The Vice-Chancellor was, therefore,  within his  rights in  passing the impugned order of  13th of  May,  1995  and  the  Syndicate  has,  in exercise of  its powers,  ratified the  action of  the Vice- Chancellor and  the recommendations  made by  the  Board  of Inspectors. The  High Court,  in our  view, was not right in coming to  the conclusions  that the  vice-Chancellor had no power to pass such an order.      This is  also not  a case  where the  two college  were found to  be  sub-standard.  In  fact  the  Central  Council recognised the appellant college for the academic year 1994- 95 in May, 1994 and thereafter it has recognised the college for the  academic years  1994-95, 1955-96, and 1996-97 also. Both the  colleges are  nor affiliated  to the University of Rajasthan. The  Board of  Inspection also  approved the  two colleges. The  order of  the Vice-Chancellor  merely care of those students  who joined these two colleges for the degree of the Board prior to their affiliation to the University.      The Learned  Single Judge  who originally dismissed the Wit Petition  had reason  to doubt  the Locus  stand of  the Students Council  of the  Jaipur College  to  file  this  so called  public   interest  litigation.  These  students  are studying for  the same  B.H.M.S. course of the University of Rajasthan. There   can  be some doubt about their bona fides in challenging  the order permitting other students of other colleges to  appear for  the same  examination. What is more relevant, there  is no basis for alleging any harm to public interest in  allowing the  students  of  the  two  appellant colleges to  appear for  the B.H.M.S.  examinations  of  the University of  Rajasthan. The university which had inspected these two  appellant colleges  and considered  the course of studies which  they offered, was in a far better position to decide whether  the students who had studied for the earlier course were  fit enough  to be  allowed to  appear  for  the examinations of  the University  of Rajasthan.  The decision which was  taken by  the University was a bona fide decision after taking  into account  the standard of teaching offered by the two appellant colleges. The action was also supported by  the State  Government. The  Central council of Homeopathy has  also  recognised  these  two  colleges.  The public interest  was not in any manner adversely affected by the impugned decision.      The  Students   Council  has  now  filed  an  affidavit disclosing its  status and  its constitution.  It  does  not disclose whether  the Council  was authorised  to  file  the present litigation,  and if  so, by whom; whether it has the funds to  indulge in  this litigation and whether it had the backing of  a majority  of its members  for this litigation. Since on  merits also  we find that the action must fail, we are not examining these questions any further except for the purpose  of  indicating  that  such  organisations,  without disclosing any material regarding their nature and functions and funding,  should not  be allowed  lightly  to  undertake litigation in  the name of public interest which can cause a lot of damage to others.      In the  present case,  because of  the  litigation  the

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students have  not been  able  to  complete  their  B.H.M.S. course for  a number of years. Pursuant to the interim order these  students   have  been   permitted   to   appear   for examinations conducted  in December,  1996 and  the  results have also  been declared.  We direct that in accordance with the results  so declared  the students  may  be  allowed  to continue/complete the B.H.M.S. course with the University of Rajasthan  in   accordance  with  law  and  those  who  have qualified for  the B.H.M.S.  degree as  per these results be granted the degree by the University of Rajasthan.      The Civil  Appeal Nos.16040  and  16041  of  1996  are, therefore, allowed.  The impugned  judgment and order of the High Court is set aside and the Original Writ petition filed before the High Court is dismissed with costs.      The  appeal   arising  from  S.L.P.(C)  No.2991/98  (cc 9141/97) and  Writ Petition  No.81 of 1997 are also disposed of accordingly.