Aparesh Kumar Singh,J. - (1.) - Heard learned counsel for the parties.
(2.) Petitioner came with a grievance that though he was permitted to deposit the requisite fee for registration for 4th semester, but now he has been compelled to undertake the 3rd semester course which would amount to extra punishment being awarded. Petitioner is a student of 2014-15 batch of Bachelor of Engineering (BE). He faced a punishment of misconduct on 5th February, 2015 (Annexure-1) of suspension for two semesters (SP 15 and MO 15); three black dots; expulsion from the hostel with immediate effect; referred to the counsel or at the time of rejoining he should submit the fitness report and on rejoining the institute he shall not be allowed the hostel facility. This punishment was upheld in a challenge made by him in W.P.(C) No. 3452 of 2015 by judgment dated 21st January, 2016 (Annexure-2). After completion of the period of suspension, petitioner did complete the 2nd semester course in April, 2016 and came out successful. Thereafter, he made the prayer for being registered in the 4th semester which according to him was allowed by 14th January, 2016 (Annexure-3) by the Dean Academic Programme. However, instead he has been now asked to enroll in 3rd semester of B.E. course whereby he would suffer in his career as he would not complete all the semesters of B.E. Course in the session 2014-18.
(3.) Respondents in their counter affidavit have come out with the plea that the petitioner was wrongly registered for the 4th semester on his application made. Instantly, the notice was put on the notice board on 19th January, 2016 which indicated that he had not completed the 2nd and 3rd semesters. Therefore, he was required to get registered in Semester-II. Respondents, however, realised that he had completed the 2nd semester and result was also published thereof where he scored 6.17 SGPA. Petitioner was granted registration in 3rd semester on 14th July, 2016 and at the moment he is attending the classes for 3rd semester which has started from 8th July, 2016 and will continue up to 11th November, 2016. Only after completion of 3rd Semester, he would be permitted to join in the 4th Semester.;