Arun Tandon, J. - (1.) Heard Sri Kshitij Shailendra Advocate on behalf of the petitioner, Sri Rahul Sripat Advocate on behalf of respondents 1 and 2, and the Standing Counsel on behalf of respondent No. 3-State.
(2.) The petitioner, Ravindra Pratap was admitted to 3 years Degree Course of Diploma in Electronic Engineering under Multi-Point Entry and Credit System (hereinafter referred to as MPECS) in the Institute of Engineering and Rural Technology, Allahabad (hereinafter referred to as the IERT) for the academic session 1998-99. The petitioner failed to clear examination of the subject of Analog in Electronics 3rd semester and has also failed in two papers in 4th semester examination. The petitioner is aggrieved by the order passed by the Director of the IERT dated 10.8.2004 whereby the Director with reference to Rule 15-B of the Multi-Point Entry and Credit System Examination Rules (hereinafter referred to as the Rules) adopted by the IERT since 1993, provided that no further chance/attempt can be given to the petitioner for clearing the back paper of 3rd semester. This order is under challenge in the present writ petition.
(3.) On behalf of the petitioner it is contended that the aforesaid order passed by the Director is manifestly illegal inasmuch as under the provisions of Rule 16 of the Rules read with the purpose for which the Multi-Purpose Entry and Credit System was introduced, the petitioner is entitled to be permitted to undertake the back papers in respect of the examinations which the petitioner could not clear, pertaining to 3rd semester and that Rule 15-B of the Rules is to be read down in the light of the provisions providing for back papers. Reliance has been placed in that regard upon the judgment of this Court reported in (1999) 3 UPLBEC 2377, Abhiskek Rather v. Director, Institute of Engineering and Rural Technology, Allahabad.;