- (1.) Des Raj son of Shri Rani Lok has filed the present petition under Articles 226/227 of the Constitution of India for the issuance of a wril in the nature of certiorari and he has prayed that the order dated 9/15.02.2000, Annexure P-l, passed by respondent No. 2 vide which the request of the petitioner for re-admission and completion of 7th and 8th semesters of Electronics (Instrumentation & Control) Engineering which is of the duration of 8 semesters, has been declined and the petitioner has further made a prayer that writ of mandamus be issued against respondents No. 1 and 2 to readmit him in the 7th semester of the respondent-institute.
(2.) The case set up by the petitioner is that on pursuing the Entrance Test conducted by the Punjabi University, Patiala, the petitioner was allowed admission in the course of Electronics (Instrumentation and Control) Engineering which is duration of eight semesters (two semesters in a year i.e. six months each) and the petitioner sought admission in the year 1995. The petitioner had been pursuing his studies and he was promoted to the 7th semester vide registration dated 6.1.1999. When the petitioner had studied for three months in the 7th semester he fell ill and suffered Nervous Disorder - MDP Biodolar and Nervousness. He remained under treatment of different doctors and specialists of the disease of which the petitioner was suffering. He could not continue his studies. On being relieved from his illness the petitioner made a representation dated 18.1.2000 (P-15) to respondent No. 2 for re-admission and completion of his course of which the two semesters were left. His representation was rejected vide order dated 9/15.2.2000 (Annexure P-1) and according to the petitioner this order of rejection is illegal, arbitrary and without applying the judicious mind. According to the petitioner he can pass the said course within the period of 7 years which would complete in the year 2002 and he can seek re-admission by making payment of re-admission fee of Rs. 500/- as per rule 20 of the academic regulations of the institute.
(3.) The notice of the writ petition was given to the respondents who filed the written statement and denied the allegations. The stand taken up by the respondents is that the petitioner Shri Des Raj was admitted to the B.E. Programme in the discipline of Electronics (Instrumentation and Control) against one of the seais reserved for SC/ST during the sessions 1995-96 on the basis of his merit in the Common Entrance Test of 1995. As per Academic Regulations of the institute, a student was required to complete the degree in a maximum of 6 years. As per clause 15 Schedule C-l of the Academic Regulations, every student is required to maintain a CGPA of 4.5. from the time of his entry to institute including the last semester. This Rule is as follows:- "A candidate is required to maintain a Cumulative Grade Point Average (CGPA) of 4.5. CGPA is the weighted average of all the grades awarded to a student since his entry into the institute upto and including the last semester and computed as follows." Respondent stated that since the time, the petitioner had joined the Institute, his academic performance has not been up to the mark. His academic performance is as follows:-;