Sangeet Lodha, J. - (1.) BY way of these writ petitions, the petitioners have questioned the action of the respondent -Jai Narayan Vyas University (for short "the University"), in not permitting them to appear in Bachelor of Computer Application (B.C.A.) IV, V and VI Semester Regular Examinations on account of their failure to clear all the units of I, all the units upto II and all the units upto III Semester respectively.
(2.) THE petitioners are pursuing B.C.A. Three Years Degree Course having six Semesters, run by various private colleges affiliated to the University. The University vide order dated 5.7.07 constituted a Three Members Committee to solve various problems of B.C.A. related 'Allow To Keep Terms' (ATKT) Examinations. The Three Members Committee after going through the existing rules and regulations of B.C.A. Course resolved that the ATKT Rules and Regulations of B.C.A. Course will remain the same as that of M.C.A.. The relevant portion of the rules and regulations of M.C.A. adopted for B.C.A. Course on the recommendation of the committee, read as under: "6(c)(i) The make up examination shall be held along with the next semester regular examinations. 6(e)(i) No candidate shall be permitted to appear in fourth semester examination unless he or she has cleared all the units of first semester. (ii) No candidate shall be permitted to appear in fifth semester examination unless he or she has cleared all the units of second semester. (iii) No candidate shall be permitted to appear in fourth semester examination unless he or she has cleared all the units of first semester. ....xxxx....... xx 7 (4) If a candidate fails in ATKT of first semester along with second semester regular examination and third semester regular examination, he will not be allowed to appear in fourth semester regular examination." The recommendations of Three Members Committee was later considered by the Committee of Courses and Studies ("COCS")in its meeting held on 1.2.12 wherein it was resolved that no candidate shall be permitted to appear in IV Semester Examination unless he/she has cleared all the units of I Semester and that no candidate shall be permitted to appear in V Semester Examination unless he/she has cleared all the units upto II Semester. The aforesaid recommendations of COCS were approved by the Faculty of Science in its meeting held on 23.4.12 which in its turn stands approved by the Academic Council of the University vide resolution No. 10/12 adopted in its meeting held on 28.4.12.
(3.) IT is not in dispute that all the petitioners herein availed two opportunities to clear their ATKT papers of I, II and III Semester, however, since they could not clear all the ATKT papers even after availing two chances, they were not allowed to appear in the IV Semester Examination, 2010. In these circumstances, they have approached this court questioning the recommendations of the committee made as aforesaid, however, the resolution adopted by Academic Council as aforesaid, is not impugned in the present writ petitions.;