MUNIR JATINKUMAR SHAH Vs. DIRECTOR PARAPLAGIA HOSPITAL

JUDGEMENT

(1.) Rule. Mr. A. M. Panchal, AGP waives service of Rule for respondent No.1. Mr. S. N. Shelat with Mr. N. V. Anjaria waives service of Rule for respondent No. 2. At the request of the parties, the petition is taken up for final hearing today.

(2.) The petition is filed by a student who was admitted to the First Year of Bachelor of Physiotherapy Course but he failed to pass at the first year examination even after availing of three attempts, i.e. in September 1994, March 1995 and September 1995. The petitioner is now required to leave the course on account of three failures pursuant to the relevant rule which is impugned in the present petition.

(3.) The relevant rules are at Annexure H to the memo of the petition. Rule 7 (pages 37-38 of the Paper Book) thereof reads as under: