UDAY SINGH Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) The petitioners in both the cases are madical students and have appeared in the examinations held by the Magadh University in October, 1979. By a notification, the University has cancelled the examination in some of the papers and directed for holding cf fresh examinations. This order is under challenge.

(2.) The petitioners in CWJC 727 of 1980 are students of Magadh Medical College, Gaya. Their theoretical examinations in Obstetrica and Cynaecology held on 12-10 1979 and in Eye and E. N. T, have been cancelled and fresh examination have been directed to be held on 10-4-80 and 12-4-80 respectively. The order is contained in an examination communique issued by the University and published in a Patna daily newspaper on 12th and 13th March, 1980, and a copy thereof has been attached to the Writ Application as Annexure '5'. By the communique, M. B.B.S. second examination of Nalanada Medical College, Patna, in theoretical paper of Forensic medicine, Preventive and Social medicine and Pathology has also been cancelled with direction for re-examination on 11-4-1980, 16-4-1980 and 12-4-1980 respectively. The petitioners in C. W. J. C. 728 of 1980 are students of Nalanda Madical College, Patna and have appeared at these examinations 10-10-1979.13-10-1979 and 15-10-1979 respectively and have challenged the communique, a copy where- of is Annexure '10' to their writ petition. On the joint request of the parties, the cases have been heard together and are being disposed of by this common judgment.

(3.) In view of the urgent nature of the writ application, they were heard within three weeks of their filing and on 8-4-1980 after the close of the agreements, we dismissed the applications by the following order: