SWATI JAIN Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) it is one of those exceptional cases where a candidate by using the judicial forum has firstly obtained admission to aprofessional course (b.d.s.) in the midstream of the academicsession and then by the same process sought permission to sit atthe examination without fulfilling the requirement of minimumattendance as per the statutory regulations and now claims a right to declaration of results.

(2.) in the case of state of Uttar Pradesh and others v Dr.anupam gupta , it has been held by the apex court that thehigh court should not issue directions to admit candidatesduring the midstream of the academic session, even if the seatsbe vacant because it affects the excellence of education.

(3.) in the present case, as per the academic calender notified by the respondent-university for b.d.s. degree course for the1994-95 (anncxure-r1), the first term of the course had tocommence on 14-11-1994 and the last date for admission to thecourse was fixed as 15-12-1994. The petitioner, without placingon record the said academic calender of the university or evenimpleading the university, pursuant to an order dated 3-1-1995in w.p.no. 60 of 1995 filed by her, got herself admitted in thesecond respondent-college on 17-2-1995. It has been stated inthe statement of objections filed by the respondent-college thatthe father of the petitioner, who himself is a doctor, onappreciating the delay in her admission and likelihood ofshortage of attendance agreed in writing (annexure-r2) that"she (petitioner) be permitted to write i year b.d.s. examinationin January 1996".