(1) wp275-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 275 OF 2010 Niket Pramod Saxena PETITIONER VERSUS The Maharashtra University of Health Sciences, Nashik and others RESPONDENTS ..... Mr. S.B. Talekar, advocate for the Petitioner. Mr. K.G. Patil, A.G.P. for the respondent/State. Mr. R.N. Dhorde, advocate for the respondent No. 1. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 8th AUGUST, 2011 ORAL ORDER: 1. The petition has been filed by a student who was prosecuting his M.B.B.S. Course. It appears that the petitioner had failed in the first year M.B.B.S. Examination because he had not passed in all his subjects. He claimed that he was entitled to "A.T.K.T." (Allowed To Keep Term) and, therefore, he ought to have been permitted to prosecute his second year M.B.B.S. Course without insisting on passing in all the subjects of the first year M.B.B.S. Course. (2) wp275-10 2. The learned advocate for the respondent No. 1 points out that the petitioner has not only appeared again for the first year M.B.B.S. Examination held in November/December, 2009 and cleared it, but has also appeared for the second year M.B.B.S. Examination held in May/June, 2011. 3. In these circumstances, the petition has become infructuous. The challenge to Clause 58 (a) of Ordinance No. 1 of 2002 as amended by Notification No. 19 of 2008 dated 6th November, 2008 has not been considered by us in this writ petition and it would be available to the Petitioner as and when the need arises. The petition is dismissed as infructuous. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] npj/wp275-10