- (1.) The petitioners are aggrieved by the fact that they have not been given the fifth chance to pass the Anatomy paper. Hence, they have approached this Court with the request that this Court may direct the respondents to grant them a fifth chance for appearing in the said paper.
(2.) Admittedly, the Ordinance of the University permits only four attempts for passing a particular paper. However, the learned counsel for the petitioners has contended that since other students have been granted the benefit of fifth attempt to clear a paper, the same treatment should be extended to the petitioners as well. Moreover, in case mercy is not shown by this Court, and necessary directions are not issued to the respondents, the entire educational career of the petitioners would be destroyed.
(3.) It is a settled principle of law that a concept of equality is a positive concept and is not a negative one. Merely because certain students may have been permitted to appear in the fifth attempt, in a clear cut violation of the law, this Court cannot direct the respondents to give the benefit of fifth attempt to the petitioners. Moreover, this Court cannot direct the commission of an illegal act. For, a Court can never be a party to an illegal act.;