JUDGMENT - B.H. MARLAPALLE, J.:---Heard Mr. V.D. Solunke, learned Counsel for petitioner, Mrs. A. Rasal, learned A.G.P. for respondents Nos. 1 and 2 and Mr. S.N. Yadav, learned Counsel for respondent No. 3.

2.Rule made returnable forthwith by consent of the parties.

3.The petitioner was admitted in respondent No. 3 college to the 1st Year of D. Pharmacy Course. He appeared for First Year examination held in the month of April, 1997 and he passed in 4 subjects and failed in two subjects. Accordingly, he was given the benefit of Allowed To Keep Term (ATKT). He was admitted to the second year D. Pharmacy for the academic year 1997-98. He appeared for the supplementary examination of First Year D. Pharmacy held in the month of October, 1997 for the remaining two subjects, when he was already an ex-student of the IInd year D. Pharmacy.

It appears that the petitioner was charged with malpractice in the said supplementary examination and investigation was conducted in the said charges. Meanwhile, petitioner continued to attend his 2nd year D. Pharmacy theory as well as practical classes.

4.By an order dated 23-3-1998, passed by the respondent No. 2, petitioner was informed that he has been

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