( 1 ) THE facts of the case are that the petitioner s first four attempts to clear Phase-I of the MBBS Examination have remained futile. The undisputed case is that he had sought to clear the Phase-I Examination in the fifth opportunity and for this purpose had got the clearance of the University, namely, utkal University, Bhubaneswar. This is evident from the letter dated 04. 01. 2002 authored by the Controller of Examination of that University. This attempt has proved to be somewhat favourable. Although he succeeded in passing the examination, the declared result has been recalled by the University, and it is this action that has been assailed in these proceedings.

( 2 ) THE relevant provision is Regulation 7 (3) which stipulates thus

"7 (3) The first2 semesters (approximately 240 teaching days) shall be occupied in the Phase I (pre-clinical) subjects and introduction to a broader understanding of the perspectives of medical education leading to delivery of health care. No student shall be permitted to join the Phase II (para-clinical/clinical) group of subjects until he has passed in all the Phase I (pre-clinical) subjects for which he will be permitted not mor