- (1.) BY means of the present petition, petitioner is seeking the following reliefs : " (i) to issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners to appear in the 3rd Semester Examination of Bachelor of Business Administration (B. B. A. ). (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners to appear in the 1st semester back paper examination alongwith their 3rd semester examination, (iii) to issue any other and further order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case, (iv) to award cost of the petition to the petitioners. "
(2.) BRIEF facts of the case are that the petitioners have taken admission in Bachelor of Business Administration Course in the respondent University in the Academic Session 2006-2007. The entire course was for three years, each year consisting of two semesters. Petitioners appeared in the examination for 1st and iind semesters held in December, 2006 and May, 2007 respectively. After the examination of the IInd semester, petitioners fiied the application forms for readmission in the second year alongwith prescribed fee for Rs. 18,300/ -. These forms as well as fee were deposited in the month of October, 2007. Since the petitioners were faiied in some of the papers of first year examination, they submitted their application forms for appearing in the back paper examination, simultaneously with the examination of 3rd semester alongwith the prescribed fee. Petitioners claimed that the fee were accepted the petitioners were. enrolled in IInd year and permitted to study in the IInd year, petitioners claimed that they have been orally given understanding they would be allowed to appear in the IIItd semester examination but now the petitioners are not being permitted to appear in the IIIrd semester examination and also in the back papers of the Ist semester examination.
(3.) LEARNED Counsel for the petitioner submitted that the petitioners were given understanding that they may be permitted to appear in the IIIrd semester examination and in the back papers, thus the fee were deposited. They were enrolled and permitted to continue their studies of the IInd year. He submitted that some of the students simiiar to the petitioners case have been permitted to appear in the examination.;