Judgment

Bharucha, J.-The order under challenge was passed upon the writ petition of the first respondent in the following circumstances. On 12th October, 1993 the first respondent joined the M.D. course in Anaesthesia of the appellant University. The examination for that course was to be conducted on 27.9.96. The first respondent having fallen short of the minimum training period requirement, applied to the University for an exemption. The application having been turned down, the first respondent moved a writ petition for a writ directing the University to allow him to appear at the examination. On 21.8.96 the High Court passed an interim order on the writ petition directing the University “to admit the petitioner to the examination provision­ally subject to the final decision of this Court.” When the writ petition reached hearing, this is the order that the High Court passed :

“Heard counsel appearing on either side.

Petitioner joined Post Graduate degree course, namely M.D. Anaesthesia on 11.10.1993. Final examination star­ted on 27.9.1996. By virtue of an interim order of this court, he took that examination. The short question that arises for consideration is whether the result