M.N. Bhandari, J. - (1.) THE writ petition was filed at the stage when petitioner was not permitted to appear in LL.B. Final Year Supplementary examination. An interim order was passed and in pursuance thereof, she appeared in the examination, but result of which has not been declared. Learned counsel submits that as per Ordinance 253 -B(iii), a candidate can take three attempts in supplementary examination. The petitioner was having three chance out of which two were availed but could not clear the supplementary examination. One attempt could not be taken due to medical reasons. The aforesaid should not have been counted as attempt but the respondents erroneously counted it to be an attempt under the Ordinance referred to above. This Court permitted the petitioner to appear in the supplementary examination. In view of the above, the respondents are directed to declare the result.
(2.) LEARNED counsel for respondents submits that Ordinance provides for three attempts out of which two were availed by the petitioner and in one, she failed to put in appearance, may be, due to medical reasons. The interim order granted her 5th chance and otherwise for 4th supplementary chance, which is not permissible. I have considered the submissions made by the parties and find that Ordinance 253 -B(iii) provides for three attempts to clear LL.B. Third Year examination. The petitioner availed two chances and one chance could not be availed due to medical reasons thus should not have been counted as effective attempt and accordingly the petitioner was permitted to appear in the supplementary examination again by the interim order.
(3.) TAKING note of overall circumstances and the period spent in between, I am of the view that respondents should declare result of the petitioner for the attempt she has availed pursuant to the interim order as one attempt should not be counted where she did not appear due to medical reasons. The writ petition stands disposed of with the aforesaid.;