ARUN TANDON, J. - (1.) PETITIONER Kanhaiya Lal, who was student of B.A. III year in the Session 1997 -98 of the Allahabad University, could not under -take the said examination because of reasons beyond his control namely mental ailment. After expiry of more than 5 years, the petitioner moved an application for being re -admitted in B.A. III year. The application for re -admission in B.A. III year has been rejected by the University. Hence the present writ petition.
(2.) ON behalf of the respondent it has been stated that under Chapter XXXV of the University Ordinance re -admission can be granted under Clause 1 (ii), which reads as follows : “Clause 1 (ii) Provides that a student can appear in subsequent examination within five year following the year in which he failed last or failed to appear. “ In view of the aforesaid statutory provisions, it cannot be disputed that the petitioner is not entitled for re -admission in B.A. III year in the year 2004 as more than 5 years have been lapsed, since he failed to appear in the B.A. Ill year examination held in the year, 1998.
(3.) ON behalf of the petitioner, however, it is contended that the aforesaid provisions can be applied in normal circumstances and since the petitioner had been suffering from mental ailment, which is an exceptional circumstance, the aforesaid provision cannot be said to be attracted.;