Dilip Kumar Basu, J. - (1.) No assistance has been given when the matter was called on though it appears from the record that learned Advocate of the Respondents had entered appearance, affidavit-in-opposition and affidavit-in-reply have also been filed. This matter cannot be dragged for months after months and years after years as the matter is required to be considered because it concern future of the students numbering about eight petitioners in this writ petition.
(2.) Heard the learned Advocate appearing for the petitioner it appears that the petitioners have challenged the order of the Controller of the Examinations Jadavpur University on 25th November, 1993 which is Annexure - G to the writ petition as follows:- Reference the results of the Final B. E. (Mech.) Part IB Examination 1993 published provisionally on 18.10.93. It is further notified for information of all concerned that the following candidates who provisionally appeared at the above mentioned examination Held in May - June 1993 are hereby declared 'Ineligible' for the said examination. It may be noted that the results of such students were kept previously "With Held" (R. W.) in the notification under reference. JUDGEMENT_48_LAWS(CAL)1_1997.html Sd/- Controller of Examinations From a report issued by Dean, PET. Jadavpur University dated 3rd September, 1993 it appears that the petitioners were required to appear in the experimental classes in a particular session. From the report regarding the sessional class on Machine Elements Laboratory for PT/ME 4th year class for the session 1992 - 93 it has been mentioned inter alia:- There were 25 students in the said class and 6 experiments were performed in the above mentioned session in group of 12/13 students. The following 9 students could not secure pass marks. JUDGEMENT_48_LAWS(CAL)1_1997(1).html 13 marks were allotted for each experiment. The students were awarded marks on the basis of a report and viva on each experiment Also there was a general viva carrying 20 marks. The break - up of marks for all students is given below:- JUDGEMENT_48_LAWS(CAL)1_1997(2).html It appears that though on 3rd September, 1993, petitioners were allowed to sit for the final examination for the 5th year and the result of the 4th year and 5th year has not been published. Though petitioners were allowed to continue 5th year classes and to appear in the examination for the final year both theoretical and practical, the result of the 4th year and 5th year has not been published.
(3.) Impugned order dated 25th November, 1993 is not a speaking order inasmuch, the petitioners students were not told why they were declared ineligible for the examination Held in the month of May/June 1993. Considering the claim of the petitioners/students I think that for the ends of justice and so far as the future of the students in Mechanical Engineering of Jadavpur University is concerned, I direct the University concerned to declare the result of the 4th year theoretical and 5th year theoretical and practical if petitioners secured qualified marks in the 4th year theoretical and 5th year theoretical and practical, then petitioner be given an opportunity to appear in 4th year practical examination. The University is directed accordingly to declare the result as directed within 15th February, 1997 and if petitioners are required to appear any practical examination that should be arranged and petitioner should be asked to appear practical examination by 31st March, 1997 and if necessary, should be given some opportunities to upgrade their practical training by arranging some practical classes to be Held by the University and particular faculty members concerned and that too, by 20th March, 1997. Petitioners should be allowed to appear in the practical examination and the University ' concerned is directed to declare the result by 1st week to April, 1997.;