MOTILAL B. NAIK, J.

( 1 ) THIS Writ Petition is filed seeking a Mandamus for a declaration that the petitioner is eligible and entitled to appear for the examination of engineering Drawing test in the Trade of Fitter of I. T. I. , and a consequential direction to the respondent to permit the petitioner to appear for the said examination to be held in the month of July, 1993, or on any subsequent date.

( 2 ) IT is the case of the petitioner that for the year 1985-86 he secured seat in the 1st respondent-Institution in the Trade of Fitter and completed the course by July, 1986. Though he appeared for the final examination in July, 1986, he failed in one subject viz. , Engineering Drawing test and, therefore, he was preparing to appear for the next ensuing examination. Unfortunately, he fell sick due to Polio and was under the treatment of a Government Doctor from January, 1987 onwards. After obtaining the Medical Certificate from the Government Doctor in June, 1993, he approached the respondent to permit him to appear for the examination, who stated that the Rules of the Institution do not empower him to do so. Therefore, he filed this writ petition.

( 3 ) ON the other hand it is th

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