- (1.) This petition dated 2.6.2008 is at the instance of a student of Civil Engineering of the Bengal Engineering and Science University, Shibpur (hereafter the University) seeking the following relief : a) A writ in the nature of Mandamus do issue commanding and/or directing the respondents and/or agents and/or associates to strictly act and/or proceed in accordance with to allow the petitioner to continue his study and to appear in the subsequent supplementary examination; b) Rule Nisi upon the respondents calling upon the show cause why a writ in the nature of Mandamus shall not issue directing them to withdraw and/or cancel and/or rescind any order declaring the petitioner as the CNC; c) Rule NISI upon the respondents calling upon them to show cause why a writ in the nature of Certiorari shall not issue directing them to certify and transmit to this Hon'ble Court records pertaining to the discontinue of the petitioner's study, so that conscionable justice may be administered. The present petition has been prefaced by a number of proceedings, both at the trial and appellate stages. I, therefore, consider it appropriate to give a composite picture of the facts giving rise to this petition. The petitioner had taken admission in the University during the session 2001-2002. In terms of the Regulations framed by the University, the civil engineering course is divided into four parts and each part is sub-divided into two semesters. The first (odd) and second (even) semesters are comprised in Part I (i.e. first year), the third (odd) and fourth (even) in Part II (i.e. second year), the fifth (odd) and sixth (even) in Part III (i.e. third year) and the seventh (odd) and eighth (even) in Part IV (i.e. fourth and final year). The students are required to take the Regular Examinations at the end of each semester and in the event of their failure to clear any paper/subject at the Regular Examinations, they are entitled to appear in the Supplementary Examinations, subject to conditions laid down in the Regulations.
(2.) At the conclusion of the first semester, the petitioner took the Regular Examination conducted by the University and succeeded to clear all but one of the subjects. He failed to clear M 101. However, during pendency of proceedings before this Court, the petitioner has, in fact, been declared to have cleared M 101.
(3.) At the end of the second semester, the petitioner again took the Regular Examination and obtained pass marks in all the subjects save and except AM 201. He availed of two Supplementary Examinations, yet, failed to clear the same. The subject AM 201 was, therefore, treated as a back paper of Part I. At the end of the third semester, the petitioner appeared at the Regular Examination and obtained pass marks in all the subjects save and except M 301. He could not clear the subject despite taking one more Supplementary Examination.;