M.L. Bhat, J. - (1.) THE Petitioner has been dropped from the Respondent institution on 21 -1 -91. He challenges the same and also the communication of the Vice Chancellor dated 11 -5 -91. He seeks a writ of mandamus to continue in the institution also to enable him to complete his studies. The facts on which the writ petition is filed are as follows
(2.) THE Petitioner is said to have been admitted in M.Sc.Ag. (Horticulture) in January, 1989. He had fallen ill and had gone to his home for treatment after obtaining proper permission from the Respondents. After coming back from his home he is said to have suffered from an attack of typhoid fever and remained ill upto ending May. 1990. During the period of his illness, the examination of the First Year for M.Sc.Ag. had commenced and completed. The Petitioner could not appear in the said examination and in the report card he was awarded D grade which means that he was declared fail. The Petitioner was also dropped from the Roll of the University without there being any provision to permit the dropping of the Petitioner from First Semester. The order of dropping of the Petitioner was later on withdrawn and he got his registration in the IInd Serrester M.Sc.Ag. and he obtained 2,363 points which was below standard. He had failed, therefore, he was dropped from the Roll of the University. On 16 -6 -90 the Petitioner is said to have made an application before the Respondents for dropping First semester of M.Sc.Ag. on account of his illness. He was informed by Respondent No. 2 that first semester of the Petitioner cannot be dropped as decided by the Academic Council. The Petitioner 's further case is that one Miss Julia Sheeba of M.Sc.Ag. had also sought dropping of her Ist Semester on account of her illness. Her case was allowed and she was given admission in the First Semester of IInd Year for the year 1990 -91. The Petitioner had claimed the same treatment which was given to Miss. Julia Sheeba. On 11 -5 -91 the Petitioner 's application was rejected.
(3.) IT is contended that one Mr. M.K Tiwari who was a student of B.Sc. ( Forestry Programme) was dropped from his first Semester and had been given admission in the Ist year of IInd Semester, 1990 -91. Some other students whose case was similarly situated with that of the Petitioner, were given orders of admission by the High Court or the Supreme Court. The Petitioner submits that he is being discriminated and has not been dropped from Ist semester and has been refused admission in the IInd semester of M.Sc.Ag., Reliance is placed on some opinions of the Council for the Respondent University. The Petitioner 's case is that dropping him from the rolls is arbitrary, violative of Article 14 of the Constitution of India and bad in law. The action of the University is said to be against the principles of natural justice. The decision taken by the Academic council in this regard is said to be illegal.;