AJAY KUMAR SINHA Vs. BIHAR UNIVERSITY

JUDGEMENT

(1.) THE petitioner in this application seeks a direction for declaration of his results of the DHMS Examination. He appeared at the 1981 Part -I Examination in the First Year of the Course but unfortunately failed in the paper of Pathology only.

(2.) He was entitled under the Regulations to three opportunities to clear the paper. He dropped appearing in the failed paper in the examination in 1982 but appeared again in 1983. He failed again. He dropped the paper again in 1984 and appeared in 1985. when he cleared the failed paper.

(3.) THE submission on behalf of the respondent -University was that Regulation 18 read with Regulation 13 required the petitioner to appear at the subsequent examination in the failed paper on payment of the prescribed fee. He at best had three occasions to appear consecutively. That non -appearance at the examination shall be deemed to be failure. On this basis it was argued that the petitioner could not have appeared in the failed paper in 1985 since it was clearly beyond a period of three years from the date of his first failure in 1981. The fact that he dropped the paper in 1982. and 1984 are deemed failure under the Regulation.