LAWS(KAR)-1989-11-9

A P VEDAMURTHY Vs. UNIVERSITY OF AGRICULTURAL SCIENCES

Decided On November 06, 1989
A.P.VEDAMURTHY Appellant
V/S
UNIVERSITY OF AGRICULTURAL SCIENCES Respondents

JUDGEMENT

(1.) Do the Statutes of the University of Agricultural Sciences made under the University of Agricultural Sciences Aei, 1963, (for short "the Statutes") and the Calendar of Academic Information of the University of Agricultural Sciences (for short "the Calendar"), require a student joining the Bachelor of Fisheries Sciences Degree Course of that University to make good the period of a trimester not attended by him in an academic year, by pulling his attendance for that degree course beyond its normal four academic years period, is the question which arises for decision in this writ petition.

(2.) Facts which are material for decidingthe said question, briefly stated, arc: The petitioner joined the B.F.Sc., Degree Course of the University in the academic year 1985-86. He successfully completed the first trimester of the first academic year comprised of a period of 14 weeks. As he fell ill subsequently, he did not attend the second trimester of that academic year comprised of another period of 14 weeks. However, he attended the third trimester of that very academic year comprised of a further period of 14 weeks. Thereafter, he attended the three trimesters of the second academic year as well as three trimesters of the third academic year. But, when he attended the first trimester of 4th academic year, though he could have taken for his study seven subjects prescribed for study in that trimester, he did not choose to take one of those subjects, namely, "Stat-303 Statistical Methods in Fisheries (Pre-requisite Stat-302)". The subject so left out was not taken by him for study even during the second trimester of that fourth academic year. Then, when he had to lake the third trimester of the fourth academic year, he requested the Director of Instruction in the College of the University where he was studying, to offer him for study the subject "Stat-303, Statistical Methods in Fisheries (Pre-requisite Stat-302)"), which he had not taken for his study along with other subjects of the first trimester of the fourth academic year. That Director of Intruction offered to the petitioner the study of the subject sought, as was done respecting four other repeaters. When the petitioner had attended the course in that subject for four weeks out of the 14 weeks period meant for study of that subject, the University directed him not to attend the course in that subject. It is that direction which has been impugned by the petitioner in this writ petition, on the plea that the Statutes and the Calendar did not empower the University to prevent the petitioner from completing the course of study in the subject "Stat- 303, Statistical Methods in Fisheries (Pre-requisite Stat- 302)" when it was offered for his study by the Director of Instruction of the College. The petitioner's prayer in the writ petition was that the University should be restrained from preventing the petitioner from completing the course of his study in the subject "Stat-303, Statistical Methods in Fisheries (Pre-requisite Stat-302)" attended by him during four weeks out of the period of 14 weeks of that course, which he had taken while completing the third trimester of his fourth academic year.

(3.) The University, after notice to it, hasfiled its statement of objections to the writ petition. In the meantime, the petitioner is said to have completed the course of 14 weeks in the subject "Stat-303, Statistical Methods in Fisheries (Pre-requisite Stat-302)" during the third trimester of his fourth academic year by reason of an interim order which had been made in this writ petition, earlier.