Vineet Saran, J. - (1.) The petitioner was admitted in the B.Tech. Civil Engineering Course of the Aligarh Muslim University in the Session 2001-02 in Zakir Hussain College of Engineering and Technology. Me successfully completed his first year examination, which consisted of two semesters. The case of the petitioner is that in the second year, because of illness, he could not earn the requisite number of credits, as was required under the University Ordinances. However, after having appeared in the two semester examinations of the second year, he was provisionally allowed to join the third year B.Tech. classes in the fifth semester. The results of the second year examination were published on 16.9.2003 and admit card was issued to the petitioner for the third year course. By order dated 10.11.2003, the petitioner was served with an order issued by respondent No. 1, holding that the petitioner and two others, namely, Aijaz Hussain Rizvi and Naved Agha, who were provisionally allowed to attend classes of 3rd /4th year B.Tech course, were not eligible for promotion and their names were being removed from the roll of the faculty. The petitioner challenged the said order in Writ Petition No. 140 of 2004. While dismissing the writ petition the petitioner was granted liberty to file an application in terms of Ordinance IX before the authority concerned and it was further directed that in case if any such application was made and the same was found to be maintainable in terms of Ordinance IX, then such application be entertained and considered and appropriate orders be passed thereon within six weeks from the receipt of the same.
(2.) The petitioner then moved such an application on 18.3.2004 for considering his case for withdrawal for two semesters. When the application of the petitioner was not decided within six weeks, the petitioner filed a Contempt Petition No. 1711 of 2004, in which notices were issued to the opposite parties i.e. the Vice Chancellor of the University and Dean/Principal of the College. However, thereafter by order dated 28.8.2004, the Academic Council of the University passed an order holding that the petitioner was not eligible to be granted promotion as he had earned only 14.5 credits in the second year and after adding 36 credits which he had earned in the first year, the total credits earned by him were only 50.5, as against the requirement of minimum 65 credits in both the years. It was also held that the provisions of Clause IX of the relevant Ordinance giving permission to students to temporarily withdraw for two semesters cannot be applied to his case as he does not fulfill the conditions prescribed for the same. Earlier also an order is said to have been passed on 1.7.2004 by the Dean of the Faculty rejecting his application which, according to the petitioner, was passed in back date only after contempt notice had been issued by this Court. Aggrieved by the aforesaid orders dated 1.7.2004 passed by the Dean of the Faculty and the order dated 28.8.2004 passed by the Academic Council, the petitioner has filed this writ petition.
(3.) I have heard Sri Rakesh Pandey, learned counsel appearing for the petitioner, as well as Mrs. Sunita Agrawal, learned counsel appearing for the respondents at length and have perused the record. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.;