SUDHEER SINGH TOMAR Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) THIS appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 is against the order dated 6th July, 2009 passed by the learned Single Judge in Writ Petition No.2670 of 2009, under Article 226 of the Constitution.

(2.) THE facts in brief are that the appellant is a student of M.Sc. Computer Science at S.M.S. Government Model Science College, Gwalior. In the second semester of the course, he secured less than 36% in the aggregate in both theory and practical courses separately as well as less than 26% in the subject of Data Base Management Systems. He was, however, promoted to the third semester and he took the examination of the concerned second semester in the subject of Data Base Management Systems and secured 26% marks in the second semester. After completing the third semester examination, he was not allowed to sit in the fourth semester examination by the Jiwaji University, Gwalior keeping in view the provisions of clause (9) and (10) of the Ordinance 38 made under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as the Adhiniyam, 1973). Aggrieved by the action of the respondent- University, the appellant filed WP No.2670 of 2009 and the learned Single Judge by the impugned order has dismissed the writ petition after holding ' that the clauses 9 and 10 of the Ordinance 38 made under the Adhiniyam, 1973 did not permit appearance of the petitioner in the fourth semester examination.

(3.) CLAUSES (9) and (10) of the Ordinance 38 made under the Adhiniyam, 1973 are quoted below :