NIKHIL ARVIND BAVDEKAR Vs. SHIVAJI UNIVERSITY KOLHAPUR

JUDGEMENT

(1.) SOMETIME in the month of June, 1990 the petitioner was admitted to the First Year M. B. B. S. Degree Course in D. Y. Patil Medical College, Kolhapur. The petitioner was due to appear for the Ist Year M. B. B. S. Examination in the month of October 1991. The petitioner did not appear at the said examination. The petitioner did not appear for the Ist M. B. B. S. Examination held in the month of April 1992 as well as in the Examination for the said course held in the month of October 1992. Sometime in the month of April 1993, the petitioner appeared in the examination for the Ist Year M. B. B. S. Course. The petitioner failed at the said examination. The petitioner had four chances to appear at the said examination during a period of three years. The petitioner did not avail of three chances. The petitioner availed of the fourth chance and failed as indicated above. The petitioner could not clear Ist M. B. B. S. examination during a period of three years inspite of four apportunities being available to the petitioner to appear at the examination as aforesaid.

(2.) BY letter dated 30th July, 1993, the Registrar of Shivaji University, Kolhapur refused to grant permission to the petitioner to appear for the Ist year M. B. B. S. Examination to be held thereafter in view of the petitioner having not appeared at the examination held in the month of October 1991, April 1992 and October 1992 and in view of the petitioner having appeared and failed at the examination held in April 1993. The Registrar addressed the above referred letter to the petitioner in view of the provisions of law contained in Ordinance No. 7 of the relevant ordinances framed by Shivaji University.

(3.) ORDINANCE No. VII framed by respondent No. 1 University was amended by the prescribed authority with effect from 5th November, 1988. The said amended ordinance reads as under :-