M.L. Joshi, J. - (1.) This case comes up for disposal of the stay application moved on behalf of the petitioner as the learned counsel for the parties submitted before me that as the matter invited in the stay petition and the main petition are substantially the come locking to the nature of the urgency of the case the main petition should be disposed of finally. I have, therefore, at the request of both the counsels for the parties taken up the case for final bearing and now propose to disposer of finally.
(2.) The petitioner sought admission in M.Sc. Zoology/Chemistry but she has been denied admission in the ground that the has failed in the medical examination held by the Punjab University in the year 1973. The case of the petitioner is that she had not failed in the said examination on merits but as she had severe attack of appendicitis on the day when the examinations were taking place she had to get herself operated because it was a necessity. In this connection she had submitted Annexure I a certificate from the Professor of Clinical Surgery, Dayanand Medical College Hospital Ludhiyana. The certificate runs as follows: - - "Certified that Miss Jatinder Paul d/o. S. Swaran Singh aged 17 years female was admitted on 2.5.73 vide C.R. No. 99232 and operated for Acute Appendicitis. She was discharged on 10.5.1976. This operation was absolutely necessary and could not have been postponed." The petitioner has, therefore, contended in her writ application that it was on account of reasons beyond her control that she could not appear in the examination and, therefore, it cannot be said that she had failed in any of the subject merely on account of her absence which was caused on account of she being operated for appendicitis.
(3.) The reply on behalf of the non petitioners is that the petitioner is not entitled to admission in view of Rule 3 framed by the Government of Rajasthan under as administrative powers. My attention has been invited to Rule 3 which runs as follows: - - "Students who have failed at any stage of T.D.C. examination in a subject should not be considered for admission to that subject in Post -graduate classes.";