(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5175 OF 2002 Satish s/o. Wamanrao Tirankar, Age : 24 years, Occupation : Education, R/o. Shikshak Colony, Khadakpura, Beed, District : Beed. .. Petitioner. versus 1. The State of Maharashtra, through Secretary, Medical Education & Drugs Department, Mantralaya, Mumbai - 32. 2. Swami Ramanand Teerth Marathwada University, Nanded, through its Registrar. 3. The Principal, M.I.M.S.R. Medical College, Latur, District : Latur. 4. Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp. Mata Sundari College [For Women], New Delhi, Through its Secretary. 5. Maharashtra University of Health Sciences, Nasik, Through its Vice-Chancellor. .. Respondents. (2) ....................... Mr. Pradeep Deshmukh, Advocate, for the petitioner (Absent). Mr. K.B. Chaudhary, Additional Government Pleader, for respondent no.1. Mrs. Bhagyashri Khekale, Advocate, for respondent no.2 (Absent). Respondent nos.3 and 5 served (Absent). Mr. S.K. Kadam, Advocate, for respondent no.4. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 2ND MARCH 2010 COURT'S ORDER (Per A.P. Deshpande, J.) : 1. The Counsel for the petitioner is absent. 2. Mr. S.K. Kadam, learned Counsel appearing for respondent no.4 i.e. Medical Council of India, submits that the petition has become infructuous. It is pointed out that the petition is filed in the year 2001 seeking one more opportunity to appear for first year M.B.B.S. examination, which was then (3) scheduled to be held in November/December 2002. It is pointed out by the learned Counsel appearing for respondent no.4, that the petitioner has already availed eight attempts, whereas the maximum attempts at an examination, according to the Medical Council of India's Regulations, is not more than four attempts. The petitioner was initially granted admission to first year M.B.B.S. course in the year 1997. 3. On account of passage of time, the petition is rendered infructuous. 4. Hence, the petition is dismissed as having become infructuous. Rule is discharged. There shall be no order as to costs. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/wp5175