H.W. Dhabe, J. - (1.)THIS petition can be disposed of at this stage. The case of the petitioner is that since he was ill, he could not appear for the Winter Examination of 1991. By our interim order dated 24th January 1994, we had directed that the question whether the petitioner was ill and was taking the treatment at Akola at the time of his Winter Examination of 1991 should be examined by the Principal of the respondent No. 2 College by giving him an opportunity of being heard. He should then send his report to the respondent No. 1 University, whose Registrar should then examine the report and take his decision, whereafter both the reports should be sent to us. The reports of the Registrar of the respondent No. 1 University and the Principal of the respondent No. 2 College are filed now before us.
(2.)PERUSAL of the report of the Registrar of the respondent No. 1 University shows that the petitioner was ill during the period from 28 -8 -1991 to 8 -9 -1991 when he was admitted to the hospital of Dr. A. V Bhagwat, Akola, and was under the treatment of Dr. Pramod Thakare for Acute depressive Psychosis'. The certificate of Dr. Thakare, which is filed along with the petition, shows that after his treatment in the hospital, the petitioner was advised to avoid severe physical or mental strain for one term i.e. for six months. The Principal of the respondent No. 2 College in his report found that the above reason given by the petitioner was genuine. He has, therefore, recommended one additional chance to the petitioner to appear for the First M.B.B.S. Examination. The Registrar of the respondent No. 1 University has, however, stated in his report that clause 16 of the Ordinance No. 55 does not permit such chance. Further he has found that the petitioner had not taken the permission of the Principal of the respondent No. 2 College to take the treatment outside the College Hospital.
It may be seen that the Ordinance No. 55 leading to the M.B.B.S. Degree framed by the Nagpur University under the Nagpur University Act, 1974 continues to apply to the Medical Colleges affiliated to the Amravati University after it was established under the Amravati University Act, 1983. However, after continuance of the said Ordinance 55 in the Amravati University, the said clause 18 is renumbered as Clause 16 and further that by the Ordinance No. 4 of 1991, the Amravati University has amended the said Ordinance No. 55 with effect from 1991 -92 academic Session, and in clause 16, thereof, it has reduced the chances to appear at the First M.B.B.S. Examination from five to four.

(3.)IN the judgment of this Court in the case of Pramod Namdeorao Nawarkhede vs. Nagpur University and others, 1993 Mh.LJ. 145, we have considered clause 18 of the said Ordinance No. 55 applicable in the Nagpur University. While interpreting the said clause 18 of the said Ordinance No. 55, we have held that it is necessary to read it down, because in certain cases, such as the students who reside at a place different from the place where their Medical College is situated, and fall ill there, it may not be possible for them to take the treatment in the Hospitals attached to their Medical College. In such cases, however, they have to satisfy the Principal of their College that they had taken the medical treatment in a dispensary or hospital different from the hospital of their college and were not in a position to appear for the First M.B.B.S. Examination in that year because of their illness there, upon which the Principal of the College can consider and certify their cases for non -appearance at the said examination in question, so that such non -appearance is not included as an attempt or a chance to appear at the said examination. In this case, since the Petitioner had stated that he had orally told the Principal about his illness, which question was difficult to be determined, particularly when the person who was working as a Principal at that time was no more in service, we had passed the above interim order dated 24 -1 -1994.