requirement of attendance. It was submitted that since, the petitioner has passed his M.B.B.S. 1st year examination only in August, 2019, in absence of fulfilling the requisite minimum eligibility of having attended the regular classes, the petitioner cannot be permitted to write the second year M.B.B.S. examination. The judgment rendered by this Court in Neelam Bapna (supra) has been distinguished on the premise that in that case, the petitioners successfully challenged the order of punishment whereby their results were cancelled whereas, in the obtaining case, the order of punishment has attained finality. Learned counsel for the respondents has placed reliance upon the judgment of Division Bench of this Hon’ble Court dated 02.07.2019 passed in DB Special Appeal Writ No.933/2019 titled as Ayush Tiwar & Ors. Vs. State of Rajasthan & Ors. wherein, this Court has held the Ordinance 268(b) of the University to be mandatory and the petitioners therein, who have completed 13 months of study as against requisite 18 months, were not permitted to undertake the examination. Placing reliance upon the judgment of the Hon’ble Apex Court in the case of Nidhi Kaim & Anr. Vs. State of Madhya Pradesh & Ors. reported in AIR 2017 Supreme Court 986 , it was submitted that the Hon’ble Supreme Court has refused to approve any benefit derived by any candidate playing fraud. It was submitted that since in the present case, attendance of the classes of M.B.B.S. 2nd year by the petitioner forging the mark-sheet of the M.B.B.S. 1st year, cannot entitle him for any benefit.
