Sudhir Narain - (1.) THE petitioner has sought a writ of mandamus commanding the respondents to permit the petitioner in second examination in two papers, namely (1) Principle of Agricultural Engineering THEory : and (2) Rural Sociology and Extension Education THEory and provide grace marks in one paper namely I-B Botany THEory. THE petitioner has further sought a direction in the nature of mandamus directing the respondents to admit the petitioner in B. Tech. Agricultural Engineering IInd year Course.
(2.) THE petitioner is a regular student of Allahabad Agricultural Institute, Naini Allahabad. THE annual examination B. Tech. Engineering 1st year Course was held in the year 1993 and the result of such examination was declared in the month of February 1994. THE petitioner was provided with a marksheet on 16th February 1994. In the marksheet which has been supplied to the petitioner he was shown to have failed in three papers namely, I. B. Botany THEory, Principles of Agricultural Engineering, and Rural Sociology and Extension Education The petitioner is claiming that he should be admitted in the B. Tech. Agricultural Engineering Ilnd year Course and should be permitted to appear in two back papers. In para 4 of the writ petition the petitioner has indicated his choice to appear in the second examination (1) Principles of Agricultural Theory and (2) Rural Sociology and Extension Education. He has placed, reliance upon the Ordinance of the Institute which provides that a student may appear in two papers and may be promoted in next higher class. The Ordinance 2 (iv) of the Second Examination Ordinances of the University of Allahabad is reproduced below :- "1. Commencing with the Examination of 1980 a candidate taking any of the main examination listed in Ordinance 2 below will be eligible to appear in the Second Examination to be held ordinarily after an interval of four weeks of the date of publication of the respective results, subject to conditions stated here-after. For 1980 Examinations the Vice Chancellor may, if he thinks necessary, relax this period of four weeks Provided that a candidate opting for the second Examination shall be entitled to appear in the Second Examination of that year only in which he had taken the main examination. 2. A candidate who : (a) has failed, (b) has partly failed to appear or (c) has passed but is dissatisfied with the marks awarded to him/her at the Annual Examination in written papers, may appear at the Second Examination. (iv) Any two written papers or two practicals or one paper and one practical of the B. Sc. (Ag.) Part J, Part II, and Part III and B. Sc. (Ag. Engg.) I year, II year, III year and IV year Examinations, provided that candidate would be permitted to appear in the practical only in case he has failed or failed to appear in the practical and not for Improvement of marks. Provided that candidates of the under-graduate examination mentioned in Clauses (i) to (v) above who have tailed or failed to appear in written papers and/or practical in more than one subject or group of subjects or papers as provided in the Prospectus, shall not be eligible to appear at the Second Examination." The Ordinance 2 clause (iv) thus provides that a candidate is entitled to appear in any two written papers or two practicals. Learned counsel for the petitioner, submits that he might have failed in three papers but he is entitled to appear in two papers under the said clause. This clause is controlled by the proviso which puts a bar for appearing in two papers in case the candidate has failed in more than one subject or group of subjects. The question is whether the petitioner has failed in more than one subjects or group of subjects. In case the petitioner has failed in more than one subject or group of subjects, he shall not be entitled to appear in two papers. It has not been made clear that the petitioner has failed in more than one subjects. This has to be examined with regard to the classification of the subjects which might have been made by the University. In case the petitioner has failed in more than one subject or group of subjects In that situation he shall not be entitled to appear even in two papers.
(3.) LEARNED counsel for the petitioner has placed reliance upon the decision in the case of Bipin Kumar v. University of Allahabad, 1994 UP LB EC 95. In this case a candidate was permitted to appear in Second Examination in two papers and the Court further permitted that the petitioner may be granted grace marks in the third paper. This case was decided on the basis of a resolution of the Examination Committee dated 8th September 1993, The resolution was as follows :- "It was resolved that since the some candidates have been allowed to appear in two papers and awarded grace make in third paper in the past the same practice be followed for those students and for future the provisions of Ordinance be strictly followed for fresh students and it should be notified." It was held that in pursuance of the resolution those candidates who appeared prior to the date of passing the resolution were entitled to appear in two papers, In the present case, the petitioner cannot claim the benefit of said resolution. The resolution itself indicates that the students who will appear in future examination, the provisions of ordinance shall be strictly followed. In writ petition no. 23897 of 1987, Mritunjal Prasad v. University of Allahabad and others, a Division Bench of this Court held that if a candidate has failed In more than two papers In B. Tech. 3rd year shall not be entitled to the benefit of clause (Iv) of Rule 2 off the Ordinance relating to second examination. In view of the proviso which is added to clause (ii), the petitioner shall not be entitle to appear in two written papers if he has failed in more than one subject. The petitioner himself has not stated whether the two papers in which he wants to appear are two different subjects. It is for the University to find out as to whether the papers in which the petitioner wants to appear are two different subjects. The examination Committee will determine as to whether the petitioner has failed in two subjects and decide the matter within two weeks from the date of production of a certified copy of this order. In case the petitioner has failed in one subject or group of subjects and if these papers relate to the same subject, he shall be permitted to appear in those papers and In case it is found that the petitioner is entitled to appear in those two papers, he shall be admitted in B. Tech. Aricultural Engineering, IInd year Course.;