RATHORE, J. - (1.) THIS writ petition has been filed by the petitioner seeking following reliefs:- 1. by an appropriate writ, order or direction the respondents be directed to register the petitioner for 2nd Semester in Master of Management Studies (MMS) Course for which petitioner has already paid fee; 2. by an appropriate writ, order or direction the respondents be directed to permit the petitioner to appear in examination of rest 4 papers of Ist Semester alongwith examination of IInd Semester; 3. by an appropriate writ, order or direction the respondents be restrained from rusticating the petitioner from Institute on the ground of his short-fall in attendance in Ist Semester due to his accident and not clearing all papers of Ist Semester.
(2.) BRIEF facts of the case are that the petitioner applied for MMS Course Entrance Test, 2003 which was held on 2. 6. 2003. Since the petitioner was declared pass in the entrance test, group discussion and interview was conducted on 3. 6. 2003 and was selected for admission to Master of Management Studies Course. After paying the requisite fee of Rs. 19,500/- on 15. 7. 2003, the petitioner got admission in the aforesaid course as a regular student. On 12. 9. 2003, when the petitioner was coming back to home from the college, he met with serious accident resulting fracture in his right leg. The petitioner was admitted in Orthopaedic Unit of Government Rukmani Devi Jaipuria Hospital. On 13. 9. 2003, the petitioner was advised to get his treatment at Delhi and on the same day, he was admitted in Saroj Hospital, Delhi. On 15. 9. 2003, operation was conducted on his right leg and inter-locking rod was fixed in the leg. The petitioner as well as his father informed the Head of Department of respondent-institute on 22. 9. 2003 and also sent the information in writing to the Head of Department regarding illness of petitioner with request to grant him leave. After recovering from illness, the petitioner was given fitness certificate by the Hospital Authority on 1. 11. 2003 and from 5. 11. 2003, the petitioner started to join his classes regularly and submitted his medical certificates and fitness certificate to the respondents.
(3.) CONSIDERING the fact of accident and medical certificate produced by the petitioner, the respondents allowed the petitioner to take the examination of Ist Semester and Examination fee of Rs. 1,000/- was submitted by the petitioner vide receipt No. 1285. Subsequently, the Head of Department informed the petitioner that his medical certificate has not been accepted by the Institute and he will be allowed to appear in the examination of only three papers in which attendance was 75% and as regard remaining four papers, he was assured. On the assurance given by the respondents, the petitioner appeared in the examination on 27. 11. 2003, 29. 11. 2003 & 5. 12. 2003 in subjects Quantitative Methods & Computer Programming, Business Organisation & Management and Industrial Engineering & Productivity Management and passed the aforesaid papers. It is submitted on behalf of the petitioner that after receipt of fee for IInd Semester, the petitioner was told on 14. 1. 2004 that the respondents are not registering him for admission in 2nd Semester because in Ist Semester his attendance was less than 75%. Prior to accident, the attendance of the petitioner was above 75% and after sickness period, his attendance was 100%. In the writ petition, it is alleged that there are students who are employed elsewhere and their attendance has wrongly been shown as 75% or above and they were permitted to appear in all papers whereas the petitioner, who meted with the accident and twice undergone the operation, has been denied admission in the next Semester. ;