JUDGMENT - VIJAY DAGA, J.:---Heard the learned Counsel for the parties. Rule returnable forthwith. By consent petition is taken up for hearing.

2. This petition is directed against the action of respondent No. 3 seeking to deduct 5% marks of the petitioner, while determining inter se merit for admission to the post graduate medical course on the ground that the petitioner has taken more than one attempt to pass the third Bachelor of Medicine and Bachelor of Surgery ("M.B.B.S") examination.

3. The facts leading to the present petition, in nut shell are as under :

The petitioner in the month of July 1993, after having passed the requisite examination was admitted in Bharati Vidyapith Medical College affiliated to the University of Pune in the free seat (open category). The petitioner has passed first and second M.B.B.S examinations in all subjects in the month of October 1994 and May 1996 respectively. He appeared in the examination held in the month of May 1997 for third M.B.B.S Part I (new system), and passed the said examination. The petitioner after having passed the said examination was due to appear for third M.B.B.S. Part II examination scheduled in the month of November 1997. H

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