- (1.) The petitioner Mohd. Rasheed Qureshi was a student of LL.B. Part-I in the year, 1987-88 of the Aligarh Muselim University. He was not permitted to appear at the examination of that year on the ground of shortage of attendance required by the Regulations framed under the Act. The petitioner thereafter, filed this petition challenging the order detaining him from appearing at the LL.B. Part-I examination, passed by the condonation Committee of the said University. Similar writ petitions had been filed by students of other subjects of the same year in this Court, which are numbered as 15801 of 1988 and others.
(2.) The controversy raised in this writ petition is similar to one in Pervez Ahmad and others v. Aligarh Muslim University, Aligarh and others, decided by a Division Bench of this Court, reported in 1987 UPLBEC 517, where this Court held that requirement of attending certain percentage of classes was a matter within the expertise of the University and this court had no power under Article 226 to interfere with the same.
(3.) So far as the writ petitions of the year 1987-88 are concerned they have been dismissed by a Division Bench of this Court by the order dated 16-11-1988. The Division Bench found that the University had the power to regulate the matter of condonation of shortage in the attendance and the Court under Article 226 of the Constitution could not interfere.;