- (1.) Petitioners, who are students of M.Sc. (Ag.) Agronomy and M.Sc. (Ag.) Horticulture of G. B. Pant University of Agriculture and Technology Pant Nagar, Nainital, hereinafter referred to as the University, challenge the order dated 17-8-95, whereby they have been dropped from the University on account of poor academic performance.
(2.) In brief, the facts as stated in the writ petition, are that the petitioners were admittedafter the admission test in M.Sc. (Ag.) Agronomy and M.Sc. (Ag.) Horticulture. For the M.Sc. (Ag.) degree course there are minimum four and maximum eight semesters. In the aforesaid course, each semester consists of 120 days classes and practicals, but in the year 1994 there were only 20 days classes and practicals in each semester, therefore, the petitioners could not take advantage of 20 days classes and consequently, they could not make full preparation for the examination. it has also been stated that the petitioner's test was taken in Hindi, but they were taught in English language, while up to the B.Sc. (Ag.) they were taught in Hindi, due to which petitioner No. 1 secured the average of both semesters 3.227 G.P.A. (Grade Point Average) while petitioner No. 2 got the average of both semesters 3.066 G.P.A. The minimum requirement was 4.005 out of 5.000 G.P.A. It has also been stated that the prospects was given to the petitioners only in the month of February, 1994 and not at the time of admission. Regulation 26 of the Chapter V provided as under:-"Dropping for Poor Academic Performance:26.1. (1) if at the end of any semester during which a post-graduate student has been on Academic Probation the over all Grade Point Average of that student in 300 and higher series courses falls below 4.000 out of 5.000 he shall be dropped from the University for poor academic performance with a right to petition for readmission.(2) Any post-graduate student failing twice in the same course/ examination shall be dropped from the University for poor academic performance. In exceptional circumstances the Vice-Chancellor may permit a third chance on the recommendations of the Advisor/ Head of the Deptt/Dean of the College concerned /Dean, P. G. S.(3) Nor post-graduate student shall register again in a course which he/she has already passed the subsequent grade shall be ignored.
(3.) A perusal of the aforesaid Regulation reveals that if any student secured less than 4.000 G.P.A. prescribed for the poor academic performance with a right to petition for re-admission and any post-graduate student failing twice in the same course shall be dropped. In exceptional circumstances the Vice-Chancellor may permit a third chance on the advice of Head of Deptt/ Dean of the College ,Dean P.G.S.;