Judgement

CHINNAPPA REDDY, J.:- Special leave granted.

2. The appellant who secured the first rank in order of merit in the IIIrd M.B.B.S. examination of the Marathwada University in May, 1985 and who also stood first in Surgery/and ENT/ Ophthalmology, sought admission to the M.S. degree course commencing in July, 1986. Though the selection to the M.S. degree course was on the basis of merit the appellant was not selected as a deduction of five per cent was made from the marks obtained by him on the ground that he had passed the subject in his second attempt. The basis for holding that the appellant had passed in the second attempt was that in the IIIrd M.B.B.S. final term, the appellant suffered from infectious hepatitis and was, therefore, unable to attend classes and clinics. He applied to the Dean to cancel third A B. B.S. final term and to permit him to attend classes and clinics regularly with the next batch. This was done and he passed the IIIrd M.B.B.S. examination, as already stated, creditably by securing the first rank. It is not disputed that the appellant was seriously ill and was hospitalised and that he was unable to attend classes and clinics. It is also not disputed