M.P. Singh, J. - (1.) The 'petitioner has for issue of a writ in the nature of mandamus commanding the opposite parties to permit him to appear in the examination of Bachelor of Engineering, III year Course, treating him of 1990 batch.
(2.) The petitioner, being an employee as Junior Engineer in the State Government, sought permission for appearing in the examination for Bachelor of Engineering (Electrical) Part-time. The State Government granted the permission. He was selected for the said course and admitted in the year 1990.
(3.) The said course is governed by Chapter XXXV-C of the Ordinances (Academic) under the Aligarh Muslim University (Amendment) Act, 1981, the relevant clause of which runs as follows : "11. A candidate may be promoted from I year toll year if he fails in not more than three courses. Provided that a candidate may be promoted from II year to III year or from Hi year to Final year if he fails in not more than three courses of current class and has cleared all the courses of the preceding class.";