{1} wp146510.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1465 OF 2010 Satish s/o Sahadev Mangal Katke Petitioner Versus The State of Maharashtra & others Respondents Mr. V.R.Bhumkar, advocate holding for Mr.R.P.Bhumkar, advocate for petitioner Mr. V.H.Dighe, A.G.P. for respondent no.1. CORAM : B.R.GAVAI AND R.M.BORDE, JJ. DATE : 16 th December, 2010 PER COURT: 1 The petitioner is a student prosecuting Ist year B.A.M.S. Course. He has already failed in five attempts in the examination of Ist year B.A.M.S. until May-June 2010. The petitioner has made a grievance that Respondents No.2 and 3 are not permitting him to appear for the Ist year B.A.M.S. examination by availing 6th attempt. Petitioner relies upon Examination Notification No.03/2004 dated 07.05.2004 and contends that the permissible attempts allowed to pass the first professional examination of B.A.M.S. Course have been increased from 5 to 6. {2} wp146510.odt 2 In this view of the matter, it would be permissible for the petitioner to appear for Ist year B.A.M.S. examination by availing the 6th and last attempt. Learned Counsel for the petitioner, on instructions, submits that the College and University have already permitted the petitioner to fill in the examination form and also accepted examination fees. In this view of the matter, there should not be any impediment in permitting the petitioner to appear for Ist year B.A.M.S. examination. 3 Respondents No.2 and 3 are accordingly directed to permit the petitioner to appear for Ist year B.A.M.S. examination by availing 6 th and last attempt. 4 With this direction, Petition stands disposed of. R.M.BORDE B.R.GAVAI JUDGE JUDGE adb/wp146510