Yatindra Singh, J. - (1.) The Institute of Engineering and Rural Technology, Allahabad (the institute) awards diploma in different branches of the engineering. It has three years diploma course, which is to be completed in six semesters. The petitioner was admitted in the year 1996 in the institute for diploma in electronics. He appeared in second semester in April, 1997 in which he failed. Thereafter he appeared as an ex-student in the second semester in April, 1998, when he passed in all subjects except one. Petitioner was promoted to the third semester and was asked to appear in the examination of subject in which he failed in the second semester along with the fourth semester. Petitioner cleared all subjects in third and fourth semester but failed again in the second semester paper. The institute has not promoted the petitioner to the fifth semester, hence the present writ petition for a direction to the institute to permit the petitioner to join regular classes of the fifth semester and to permit him to appear in subject of the second semester where he had failed as an ex-student.
(2.) I have heard Sri O. P. Singh, learned counsel for petitioner, Sri Rahul Sripat, learned counsel for the institute and Sri Dinesh Kackkar who has assisted the Court as Amicus Curie. Sri Sripat for the institute has argued that the case is governed by the table given in Rule 7 of Chapter "Rules for Registration and Examination under MPECS'. Whereas Sri Singh for the petitioner has argued that the Rule 7 applies only to a student who fails in odd semester and not to a student who fails in even semester and in such a situation Rule 6 is applicable.
(3.) The Rule 6 states that a student who has failed in more than two subjects in any semester will be declared failed and has to repeat the same semester in the subsequent years. It is applicable to all semester. The petitioner had appeared in second semester for the first time in April. 1997. He had failed in more than two subjects and it is for this reason he had to appear again in April. 1998 as ex-student. This Rule does not deal with the situation if a person has failed in less than two subjects.;