- (1.) BY way of this intra-court appeal, the petitioner-appellant has put to question the order dated 16.04.2010 as passed in SBCWP No.5322/2010 whereby, the learned Single Judge of this Court has found her claim, to take final Examination in MS (Obstetrics and Gynecology) in the month of October 2009, untenable with reference to the stipulations contained in University Ordinance 278-E(V).
(2.) THE relevant background aspects of the matter are that the petitioner-appellant, after having passed her graduation (MBBS), appeared in the examination conducted for Post Graduation Course and was selected for the same in the year 1994 for 3 years' degree course in MS (Obstetrics and Gynecology). She completed 3 years' course from SMS Medical College and Hospital, Jaipur and ultimately appeared in the final examination in the month of October 1997 but could not succeed. Thereafter, for a long length of time, she did not appear in the said examination of the said course of MS (Obstetrics and Gynecology) but then, submitted an application in the year 2009 seeking permission to appear in the examination. The application so moved by the petitioner to the University was forwarded to the Dean Faculty of Medicine and Principal, Dr. S.N. Medical College, Jodhpur who opined under his communication dated 29.01.2010 (Annex.9) that the petitioner could be allowed to appear in the examination as prayed for. However, when the respondent-University did not accord the permission as prayed for, the petitioner-appellant filed the writ petition leading to this appeal after making a representation on 15.03.2010. The respondent-University, in its reply to the petition, essentially with reference to the provisions contained in the said Part (V) of Ordinance 278-E, contended that the petitioner was not entitled for the permission as sought for.
(3.) THE learned Single Judge of this Court considered the matter in the impugned order dated 16.04.2010 and found the submissions of the petitioner-appellant untenable with reference to the contents of said clause in Ordinance 278-E and proceeded to dismiss the writ petition, inter alia, with the following observations: "The submission made is without substance for the reason that the Ordinance 278(E)(V) which deals for admission to post-graduation provides completely mechanism while seeking admission and for completion of the course. Ordinance 278(E)(V) which has been quoted in para 3 of the writ petition clearly postulates that any candidate after registration for any degree or diploma cannot have a break of more than three months at a stretch during the period of training and must appear in the final examination within five years of the date of registration and it clearly envisage that the period during which one has to complete course after appearing in final examination within five years of registration. The contention advanced that since the petitioner once appeared in MS (Obst. and Gynae) is nothing but distorting the provisions which has been referred to supra. Consequently, this Court finds no substance in the instant petition and the same is hereby dismissed. " ;