1 D.B.Civil Special Appeal No.1358/2008 Dr.Kedar Prasad V/s State of Raj. & ors. 14.8.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.Rajendra Soni for the appellant. The writ application filed by the appellant was dismissed by the learned Single Judge of this Court by the judgment impugned. The appellant in the writ application prayed for a direction to the respondents to allow him to appear in M.D. (Forensic Medicine) examination 2007 starting from 3rd Jan.2007. Learned counsel for the appellant has argued that the learned Single Judge was not justified in dismissing the writ application ignoring the fact that the writ petitioner-appellant had appeared in the examination under the orders of this Court and all that was required was to direct the respondents to declare his result. A perusal of the impugned judgment reveals that the learned Single Judge of this Court dismissed the writ application because the writ petitioner-appellant could not complete requisite period of three years from the date of admission, as per Ordinance 278-C(6) of the University Ordinances, which provides that a candidate has to complete three years course before appearing in the final examination. According to the stand of the respondents, the admission of the petitioner- appellant was delayed as he was suspended by the 2 authorities on 1st October, 2002 and since he had appeared as in-service candidate, he was not treated in-service candidate because of his suspension. Resultantly, he filed writ application and the same was allowed by the learned Single Jude of this Court by order dated 21st May, 2004 and it was thereafter, admission was granted to the writ petitioner on 24th December,2004. According to the respondents, the period of three years would be complete on 23rd December, 2007 and therefore, the appellant-petitioner could be allowed to appear in final examination with the next batch. The learned counsel for the appellant during the course of arguments also admitted the fact that the appellant was allowed to appear in final examination with the next batch and he has cleared the same. In view of the statement made above and the fact that as per Ordinance 278-C(6) of the University Ordinances, a candidate is required to complete three years study before appearing in the final examination, we do not find any error, infirmity or illegality in the order impugned of the learned Single Judge of this Court. There being no merit in this appeal, it is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar