Judgment : 1. We have heard learned counsel appearing for the appellant. 2. The appellant was to appear in Part-II MBBS Examination as a student of the Government Medical College, Kota. He fell short in attendance of the requisite 75% to write the examination in all the subjects namely, Pathology, Microbiology, Pharmacology, on which he was prevented from appearing in the Examination, scheduled to be held from 17.01.2015 to 05.02.2015, including his name in the list of students of Batch 2012 falling short of attendance on 16.01.2015. 3. An application was filed by the appellant on 15.01.2015 to the Principal, JMC, Kota to add the number of days he had taken part in the activities, namely, the preparation and display of a medical stall with informative banners and interesting specimens related to human structure, functions and illnesses from 17.10.2013 to 31.10.2013, organized by Sir, Padampat Singhania School, Kota; and for having taken part in a marathon run organized by Sai Baba Sansthan, Jaipur and in having helped in preparation and conduction of the programme, starting from 01.01.2014 till 23.02.2014, alleged to be sponsored by the College. 4. Learned Single Judge, in his judgment dated 21.01.2015, did not accept the arguments raised by learned counsel appearing for the appellant, that taking into consideration these activities, the petitioner was not short of attendance on the ground that there is no provision in the governing ordinances/rules for condonation of short attendance against requisite 75% attendance in a subject for appearing in the MBBS examination, and has also not accepted the reasons, which had prevented the petitioner (appellant herein) for writing the examination, even while similar situated students have been allowed to do so. 6. It is submitted that learned Single Judge has failed to consider the Ordinance/Note No.145, which provides for treating a student to be present for the days of his absence, if he has taken part in the activities run and sponsored by the Colleges. It is further submitted that the Regulations on Graduate Medical Examination, 1997 was also not taken into consideration by learned Single Judge. Lastly, learned counsel has submitted that the similarly situated students, which fell shortage in attendance, were given the benefit to write the examination. 7. It is further submitted that the Regulations on Graduate Medical Examination, 1997 was also not taken into consideration by learned Single Judge. Lastly, learned counsel has submitted that the similarly situated students, which fell shortage in attendance, were given the benefit to write the examination. 7. We have glanced through the certificates of participation of the appellant in preparation and display a medical stall, for which he claimed that he should be treated to be present from 17.10.2013 to 31.10.2013, given by the Sir, Padampat Singhania School, Kota, and the certificate of participating in marathon run for raising awareness and importance of healthy life style, given by the Sai Baba Sansthan, Jaipur, endorsed by Dean, Jhalawar Medical College, Jhalawar and Principal, Sir Padampat Singhania School, Kota. 8. We are unable to appreciate as to how the activities, in which the appellant had participated, would amount to the special circumstances, in which his absence from the College may be condoned or he should be treated to be present for those days in the College. The Dean, Jhalawar Medical College, Jhalawar has issued the certificate without specifying any date, nor there is any certificate from the office of the College that it had permitted the appellant to attend these events. Though the appellant has stated in his representation that the records of sponsorship of these events and appellant's participation was available with the College, no effort was made to obtain copies or to summon them. 9. The Ordinance/Note No.145 with its note provides:- “O.145. If on account of bonafide illness supported by a medical certificate, or certified by the Principal from his personal knowledge, or any other reason deemed sufficient by the Syndicate, the total attendance of a student of an affiliated college falls short of the required minimum attendance, the Principal of a college may condone a shortage not exceeding 3% of the total number of (a) lectures delivered and (b) tutorials and practicals (taken together), done in each subject. If the shortage is larger, but not more than 6% of the total number of (a) lectures delivered and (b) tutorials and practicals, his case shall be referred to the Syndicate. In addition to this, the Vice-Chancellor may at his discretion condone a further shortage upto 5 attendance at the most in such special cases. If the shortage is larger, but not more than 6% of the total number of (a) lectures delivered and (b) tutorials and practicals, his case shall be referred to the Syndicate. In addition to this, the Vice-Chancellor may at his discretion condone a further shortage upto 5 attendance at the most in such special cases. Such action would only be taken by the Vice-Chancellor after consultation with the Head of the Institution. Note:-The N.C.C. Cadets sent out to parades and camps and such students as are deputed to represent their colleges in games, athletics and cultural activities and University and Inter-University Youth Festivals conducted on behalf of the University be treated as present for the days of their absence for the above purposes and this presence should be added to their total attendance.” 10. The Regulations on Graduate Medical Examination, 1997 made by the Medical Colleges under page 58, providing for 75% attendance in a subject for appearing in the examination, inclusive of attendance in non-lecture teaching provide:- “12(1)ATTENDANCE 75% of attendance in a subject for appearing in the examination is compulsory provided he/she has 80% attendance in non lecture teaching i.e. seminars, group discussions, tutorials, demonstrations, practicals, Hospital (Tertiary, Secondary, Primary) postings and bed side clinics, etc. The above Section 12(1) has been substituted in terms of notification publised on 16.10.2003 in the Gazette of India. “(I) ATTENDANCE: 75% attendance in a subject for appearing in the examination is compulsory inclusive of attendance in non-lecture teaching i.e. seminars, group discussion, tutorials, demonstrations, practicals, hospital (Teritary Secondary, Primary) posting and bed side clinics etc.” 11. We do not find that the activities claimed by the appellant alleged to be sponsored by the Medical College would fall and qualify in any of the categorization of the activities, on which his presence for those days may have been added to his total attendance. The appellant well far short of completing 75% attendance to qualify to appear in Part-II of the MBBS Examination. Further there is no proof of the sponsorship by the College or the instructions given by it to the appellant to participate in these events. 12. In view of the aforesaid discussion, we do not find any good ground to interfere with the judgment rendered by learned Single Judge. 13. The Special Appeal is dismissed.