SANJAY KUMAR MADAN Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) Petitioner, who is a student of 7th Semester of Bachelor of Engg. Degree Course, has filed this writ petition under Article 226/227 of the Constitution of India praying for the issuance of an appropriate writ, order or direction to the respondents permitting him to take the Signal System Examination of 3rd semester along with 7th semester examination to be conducted in April, 1999.

(2.) The petitioner was admitted to the Chhotu Ram State College of Engineering, Murthal, on 9.10.1995. The petitioner cleared his two semester. However, when he appeared for the third semester in December, 1996, upon declaration of the result, the petitioner was shown to be having re-appear in two subjects, namely, Signal Systems and Mechanical Technology. In the re-appear examination in May, 1997, of which the results were declared on 5.11.1997 and the petitioner cleared one of the subjects of the re-appears. The result card issued by the respondents is Annexure P/3 to the writ petition. The petitioner again appeared in December, 1997 for the re-appear examination and result was declared on 25.4.1998. The petitioner was communicated vide notified result dated 31.12.1998 that petitioner had re-appear only in one subject i.e. mechanical technology. The petitioner acted upon that intimation and took the re-appear examination only in one paper. However, vide result intimation dated 23.12.1998, Annexure P/6 to the petition, the respondents again informed the petitioner that he has to take the re-appear examination in both the papers. In the meanwhile the petitioner had been promoted to 7th semester of the Course and he attended all the classes for the 7th semester and was prepared to take the examination of the 7th semester to be held in April, 1999. The petitioner was denied permission by the respondents to appear in the examination of the 7th semester because he had not cleared the 3rd semester. In view of these circumstances the petitioner was compelled to file the present writ petition.

(3.) Upon notice the respondents filed reply wherein it was contended that in accordance with Clause 6 of the Ordinance, the petitioner had no right to take the examination of the semester system without clearing the 3rd semester and he was also not entitled to admission to the 8th semester of the engineering course.