- (1.) Being aggrieved by order dated 30-1-1990, passed by the Respondents refusing to readmit him in first semister of 1989-90, Petitioner has filed this writ petition The main ground in support of the writ petition is that of discrimination and pleadings in support thereof have been made in paragraphs 9 & 10 of the writ petition. The University authorises have filed counter affidavit The Petitioner has filed rejoinder affidavit in reply thereto. Sri Dinesh Kackar has also filed a; supplementary counter affidavit and Sri Ganga Singh, who is holding the brie*" of the Petitioner, has stated that he does not want to file supplementary rejoinder affidavit.
(2.) The Petitioner was admitted by Govind Ballabh Pant University, Pant Nagar, Nainital (here-in-after referred to as the University) to M.S. (Agriculture) in the year 1988-89. The Petitioner thereafter appeared in the first semester in which he was declared failed. He was permitted to appear in the second semester examination but again he could not succeed. Regulation 26(1) of the Regulations framed by the University provides that students, who have failed in both the semesters have to be dropped from the University for poor academic performance with a right to petition for readmission. The Petitioner applied for readmission but the University authorities have declined to grant him readmission.
(3.) Paragraphs 9 and 10 of the writ petition in which the question of discrimination has been raised being relevant are reproduced below : 9. That it has been the usual practice in the University to grant relaxation in such cases. Another student Sri D.K. Singh M.Sc. Ag. (Agronomy) whose grand point average is 2.666 that is much below the required, the grand point average of 4.000 out of 5.000 has been considered favourably for readmission. 10. That in view of the averments made in the preceding paragraph it is clear that the Petitioner has been discriminated for without any basis. The University authorities filed a counter affidavit and in paragraph 8 thereof, it has been stated that in the absence of the identification number of Sri D.K. Singh, whose reference has been made in paragraph 9 of the writ petition, it is difficult to verify as to which year/semester and student, the Petitioner is making reference. In the rejoinder affidavit, photostat copies of the report of Sri D.K. Singh has been filed as Annexure RA-I to RA-III. The University thereupon filed a supplementary counter affidavit. From the perusal of the supplementary counter affidavit, it is clear that Sri D.K. Singh was also admitted to M.Sc. (Agriculture) and he appeared in first and second semesters and was dropped on account of his poor performance. However, he was readmitted again in the first and second semesters in the year 1987-88 and 1988-89. It has been stated in the supplementary counter affidavit that a petition committee consisting of all the Deans of the college of the University considers the question of readmission and in the case of the Petitioner the said committee has decided not to grant him readmission, although the same committee has granted readmission to Sri D.K. Singh.;