- (1.) THIS letters patent appeal is directed against the order/judgment dated 19.07.2006 passed by the learned Single Judge in W.P.(S) No. 5861 of 2002, whereby prayer made for quashing the order, whereunder the petitioners name was struck off from the roll of the Indian School of Mines, Dhanbad and for direction to the respondents to readmit the appellant in sixth semester for completing the B. Tech. Course, was rejected.
(2.) THE facts giving rise this appeal are that the appellant was admitted in B. Tech. Course in the Indian School of Mines, Dhanbad during Sessions 1995 -96. The appellant failed in both first semester regular examination and first semester special examination during Sessions 1995 -96. Subsequently, the appellant did not choose to appear in the second semester regular examination during Sessions 1995 -96. According to the appellant, when he was in second year, he fell ill seriously and remained under treatment of various doctors for quite a long time and ultimately the appellant underwent surgical operation as a result of which, he could not pursue his study, though the appellant was provisionally registered for third semester of B. Tech. Course for the Sessions 1996 -97. The appellant appeared in the second semester special examination but failed in five papers of the second semester. He again opted to appear in the first and second semester during the Sessions 1996 -97 as per old Rules and was allowed to continue study, but he did not appear in the first and second semester during the Sessions 1996 -97 and under that situation, his name was struck off from the Institute under an order, as contained in Memo No. 6905(H) dated 26.7.1997, which was challenged by the appellant before this Court vide C.W.J.C. No. 1556 of 1998R. Said case was disposed of by this Court vide order dated 8.4.1999 directing the respondents to consider the case of the petitioner sympathetically. Pursuant to that order, the appellant was readmitted in the Sessions 1999 -2000 on a condition of giving undertaking by the appellant and his guardian to abide by the conditions mentioned in the letter dated 15.7.1999 (Annexure -2) which conditions are being reproduced hereinbelow: - "(a) You have to undergo study and appear in the examination under new course structure as being followed during the Session 1999 -2000 and onwards; (b) You have to complete the B. Tech. programme in the remaining 8 semester period out of the maximum 12 semesters provided for completion of B. Tech. programme under old rule 9.3 with effect from 1999 -2000 session ; (c) The academic sessions 1997 -98 and 1998 -99 shall be treated as dies -non for the purpose of counting the period of 12 semesters; (d) In the event of your failure to clear I and II semesters in one year period i.e. 1999 -2000, which provides for Regular and special examination, your name will automatically be struck off from the rolls of the School. Further, if you fail to clear any of the semesters from III semester and onwards within Regular and Special examinations, your name shall be deleted from the rolls of the School; (e) No relaxation in the matter of application of Old Rules shall be given to you in future .
(3.) THEREAFTER , according to the appellant, he cleared all the papers of the second semester in the Sessions 2000 -01 and then passed the examination of fifth semester during Sessions 2001 -02 and then took examination of sixth semester but could not clear one paper and, therefore, his name was again struck off on .20.9.2002 in view of the undertaking given by the appellant in terms of the Letter dated 15.7.1999.;