V.K. Khanna, A.C.J. and S.S. Sodhi, J. - (1.) The matter here concerned the B.E (Hleciricai), course of the Aligarh Muslim University.
(2.) The petitioner, Alok Kumar Bhradwaj was admittedly to the said B E. course in 19S0. The controversy that has been raised in with regard to his promotion from the second to the third year of the course, in the contest of his having failed in three papers of the first year and it was only on his 5th attempt that he was eventually able to clear them
(3.) To give the relevant factual background, the petitioner, after his admission to the 1990 course, took the first year examination in March/ April 1991. He failed in three papers of this examination. Even though, the petitioner had so failed he was entitled to be promoted to the second year, in view of Rule 11 of Chapter XXXV-C of the Aligarh Muslim University Ordinances (Academic), which reads : "11. A candidate may be promoted from I year .to II 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 III 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.";