SUDARSHAN KUMAR BABU VALLURUR Vs. VISVESWARAIAH TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) IN a student's career, how a pass, without a class and pass in the first attempt in the prescribed examination, can change his course of life is the subject-matter of this writ petition. Facts in brief: the petitioner was admitted to first semester M. Tech. course in Computer Applications in Industrial Drives during the academic year 1999-2000 as against a free merit seat. The petitioner attended the classes regularly and was doing well in sessional tests. In the first semester, out of the total internal assessment marks carrying a maximum of 300, the petitioner secured 221 marks. The petitioner suffered serious attack of enteric fever from 23rd February, 2000 because of which he had to be shifted to Gudivada, his native place. He was advised complete rest up to 15th March, 2000. On account of the said ill-health, the petitioner could not attend the first semester examination conducted in March 2000. Therefore, in October-November 2000, the petitioner took first and second semester examinations together and passed in all but one paper of first semester and all but one paper of second semester. He appeared for remaining papers in the examination held during May-June 2001 and passed the said two papers. The petitioner completed and passed third semester in first class with distinction. The petitioner has been issued provisional degree certificate by the University certifying that the petitioner has passed the prescribed examination in Second Class, as per Annexure-L.

(2.) THE petitioner submits that M. Tech. course in Engineering is governed by the regulations framed by the first respondent called Regulations Governing the Master of Technology Course in Engineering (for short, hereinafter referred to as the 'regulations' ). Award of class is governed by clause O. M. 10 of the Regulations. It stipulates that the class shall be awarded on the aggregate marks of all three semesters taken together. A reading of the said clause shows that passing of the subjects in the first attempt is not 'required for securing first class with distinction and the requirement of class with distinction and the requirement of passing all the subjects in the first attempt is applicable only for declaration of rank. In other words, for declaration of the class, the University is required to take the average percentage of marks secured by the student of all the three semesters taken together, subject however to the condition that the marks to be reckoned for this purpose are the marks secured in the first attempt.

(3.) THE petitioner contends that he did not attend the examination of the first semester held in February-March 2000. In the subsequent examination held in October-November 2000, the petitioner wrote the first semester examination for the first time and obtained aggregate marks of 428 in the five subjects for which theory examination was administered and he had already 45 marks out of 50 in the Seminar/lab which is an examination conducted independent of the theory examination. Thus, for the determination of the aggregate average percentage of the petitioner, the first attempt marks for the first semester is required to be taken as 473 which is 428+45. Similarly, for the second semester, the first attempt of the petitioner being the examination held in October-November 2000 and the petitioner having secured 478 marks out of 800 marks, that should be taken as the basis. Thus, out of the aggregate of 2000 marks (first semester 473, second semester 478 and third semester 344) this would give him 64. 75 percentage and the petitioner is entitled for a declaration to have passed M. Tech. degree in first class.