- (1.) D. K. Seth, J. It appears that notices were served on 20th October 1981. A perusal of the notices reveals that the same were correctly addressed and sufficiently stamped. In view of the proviso lo sub-rule (2) of Rule 19-A of Order V. the said ser vice is accepted.
(2.) THE petitioner was admitted to four years Diploma Course in Mechanical Engineering in the year 1975-76. THE petitioner passed the First Year Examina tion in 1976. He was detained in the Ses sion 1975-76 due to shortage of atten dance. In the Session 1977-78, he was re admitted in the II Year and passed IInd year in 1978. THE petitioner passed Hind Year Examination in 1978-79 Session in the year 1979. He was again detained in the Session 1979-80. According to the learned counsel for the petitioner, the petitioner should have been re-admitted in the Ses sion 1980-81 in the IV Year but the said re- admission was not granted to him when applied. It is against this refusal of re-ad mission the present writ petition was moved. By order dated 6th March, 1981 passed in the present writ petition, the petitioner was permitted to appear provisionally in the IV Year Diploma Course. By means of a supplementary af fidavit filed today, the petitioner contends that pursuant to the said permission, the petitioner had completed the course and appeared in the Final Examination and thereafter his result has also been declared and certificate has also been issued. The learned counsel for the petitioner draws my attention to the relevant rules for admission which is quoted below: "a candidate shall be allowed only one chance to appear as a regular candidate to pass the First/second/third/final Year examination subject to the provision that one more chance to appear as a regular candidate in a class may be given due to shortage in attendance or sessional marks or cancellation of the examination for having used unfair means or due to illness. " The said rule provides one more chance to appear as a regular candidate in a class may be given due to shortage of attendance. The expression 'in a class' can not be interpreted to mean the whole course. The 'class' means the classes men tioned in which a candidate is required to pass, namely, I, II, III and final year. A class comes to an end as soon the duration of the class is over. Class for the first year is for the period of First Year and similarly all classes are controlled by the unit of the years First, Second, Third and Final. Therefore, re-admission is permissible once in every and each class. Therefore, refusal to readmit in the final year in the present case is contrary to the said Rules. Therefore, the permission granted provisionally becomes a rightful admis sion in iew of the interpretation of the Rules as above. Since the petitioner has completed the course and has passed the same and his result has been declared and certificate has been issued, it appears that he is entitled to be so declared and have such certificate of passing the whole course of Diploma, as the case maybe.
(3.) THIS writ petition thus stands dis posed of. There will, however, be no order as to costs. Petition disposed of. .;