The motion is for declaration of result of the petitioner of final year BDS examination and for conferment of degree certificate. 2. Mr. Khaja submits that the objections which he has filed in the main petition be treated objections to this application also and further submits that as the final relief prayed for in the petition as also the relief sought in application is one and the same, therefore, writ petition may be also taken up for disposal. 3. Petitioners counsel has no objection to the suggestion of Mr. Khaja. The main petition as also this interim matter is taken up accordingly. Admit.- Mr. Khaja submits that the objections which he has filed at pre-admission stage may be taken reply at this post-admission stage. His statement is taken on record. Orders accordingly. 4. Petitioner was selected and admitted to BDS course in 1989-90 and did appear in Ist year examination in October, 1992. However, petitioner the daughter of a legislater, a political activist, fearing for her life in given over all militancy scenario of the State, left the Medical College, Srinagar and migrated out of valley. Petitioner, could not, therefore, attend the classes and appear in the subsequent examinations, till September, 1993. Besides no examination was held between October, 1992 to September 1993. She failed to clear the back-log in her 2nd examination 1993. She was not allowed to sit in the subsequent examination in May 1994 and to complete her studies. She made representation to the University authorities including Vice Chancellor. Despite her case being recommended by controller Examination, her representation was not decided but was referred to Committee for decision. Hence the writ which she filed in September, 1995. 5. While notice was issued in the main petition, court also passed following interim order : "....In the meanwhile, respondents are directed to allow the petitioner to appear in the next ensuing examination of BDS course Ist. This order is however subject to the objections of otherside." 6. Pursuant to the directions petitioner was allowed to take the examination in Ist year BDS course on the strength of court order. She also appeared in 2nd, 3rd and pre-final course of BDS examination and her result was declared successful. She also appeared in final year BDS course held in January 2001 and her result also declared successful in the said examination. 7. She also appeared in 2nd, 3rd and pre-final course of BDS examination and her result was declared successful. She also appeared in final year BDS course held in January 2001 and her result also declared successful in the said examination. 7. The objection(s) of University in allowing the petitioner to clear the back-log papers of Ist year BDS exams is that petitioner did not clear the Ist Professional examination in four attempts within a period of two years from the date of her first appearance in the examination which is required under university statute. However, the stand of university mentioned in the objections by its then counsel Mr. R. Bazaz is to be viewed in the context of communication dated 1.9.1995 addressed by the Controller of the examinations to University of Kashmir to Vice Chancellor of the University (Annexure-C) to the petition. The communication referring to statute No. 12, governing BDS course, as contained in the above objection of respondents, observes that since the examination of the candidate from his first appearance was conducted only three times instead of 4 attempts as provided under statute, therefore, petitioners case does not fall within the ambit of statute. Besides it is also mentioned thereunder that due to turmoil and conditions (militancy) in the valley, scheduled examinations to the BDS course which normally should take 41/2 years take 51/2 years. Accordingly Vice Chancellor was approached for conducting special examination of the candidate as a special case without forming a precedent. No decision in the matter is taken. 8. Having regard to the fact-situation and totality of circumstances appearing on record it is obvious that petitioner who could not take the Ist Prof. BDS examination due to threat perception as daughter of political activist and consequent migrating from valley, had to pass the examination in four attempts within a period of 2 years from the date of her appearance in the examination. As per the record referred above since four Exams were not held during the period and instead only 3 attempts were held in two years, therefore, she could not be faulted and instead she cleared the back-log papers of Ist Profession examination of the BDS course in the first available examination. She appeared in subsequent 2nd, 3rd, pre-final and final examinations under directions of the court and has by now completed the course. She appeared in subsequent 2nd, 3rd, pre-final and final examinations under directions of the court and has by now completed the course. It would be a pitty, despite successfully completing BDS course, if she is deprived of the degree only because she could not complete her Ist year Professional Examination of the BDS course within stipulated period for reasons beyond her control, when even University failed to conduct the examinations of the course within specified period due to turmoil and public order conditions in the Valley, occassioned by the present day on going militancy. It is not a case where admission to the course is on court orders. Instead petitioner has been admitted and enrolled to the Prof. course on her merit. Given the circumstances, it would be unjust if petitioner is deprived to reap the fruits of her labour in pursuing and completing the BDS Prof. Course. 9. In result, the application is allowed. Writ petition is also disposed of with the direction that the result of the petitioner for BDS course shall be declared and if she earns degree certificate same shall be awarded and thereby the laps in taking and completing the Ist. Professional course not within specified period shall not come in her way to obtain the BDS degree certificate as a regular candidate. Disposed of.