IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2718 of 2010 1. RITU SINGH D/O SHRI BIRENDRA KUMAR SINGH R/O MOH.- ALAMGANJ CHOWKI, LALA SUNDER LAL LANE, P.S.- ALAMGANJ, GULZARBAGH, PATNA- 7 Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. UNION OF INDIA, NEW DELHI 2. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION null EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 110301 3. THE DEPUTY SECRETARY ( AIPMT ), CENTRAL BOARD OF SECONDARY EDUCATION null SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 110301 4. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI 5. THE REGIONAL OFFICER, C.B.S.E. 8 TH FLOOR, B.S.F. C- BUILDING, FRAZER ROAD, PATNA ----------- For the Petitioner: Mr Bankey Bihari Singh, Advocate For Union of India: Mr Gpopesh Kumar, C.G.C. For CBSE : Mr Vinay Krishna Tripathi, Advocate ------- 2. 05.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the Union of India as also the learned Counsel for the CBSE. The petitioner is aggrieved by order dated 23.2.2009 debarring her from appearing in the All India Pre-Medical Pre- Dental Entrance Examination on the ground that she has already availed three opportunities in the years 2004, 2006 and 2008. She was therefore not eligible to sit for the fourth time. Learned Counsel submits that the petitioner sat in the examination for the first time in the year 2004. Her eligibility therefore has to be determined on the basis of regulations as existing on that date. The regulation debarring a person after three chances came to be introduced in 2006 and can have no application to her. This Court finds it difficult to accede to the submission. The criteria and guidelines for appearing at an examination are to be fixed by the authorities conducting the examination. There is no occasion for the Court to interfere with it unless it is palpably arbitrary, irrational or illogical. Presently such does not appear to be the case. The eligibility of a candidate to appear at an examination has to be tested in accordance with the stipulations and conditions provided for in a particular examination in which the candidate desires to sit and not on what may have been stipulations in past examinations. The eligibility of the petitioner to appear at the examination in 2009 has to be tested on basis of the stipulations contained in the conditions for which examination the candidate wishes to appear. The object of the regulation appears to be to screen out candidates who are not able to meet the performance level despite repeated opportunities. The application is dismissed. Snkumar/- (Navin Sinha,J.)