VIPUL BHOLE Vs. SCHOOL OF PLANNING AND ARCHITECTURE

JUDGEMENT

(1.) The two petitioners were admitted to the respondent no.1 School of Planning & Architecture (SPA) in the year 2003 in the Bachelor of Architecture course. The duration of the course is of five years. Ordinarily the petitioners should have completed the course in the year 2008. However the petitioners in or about May, 2010 filed this petition for direction to the respondent SPA to amend the result of the Academic Session 2008-2009 by which the petitioners were failed in the 3rd year and denied promotion to the 4th year. The petitioners also claim the relief of declaration that they have passed in the 3rd year and direction for their promotion to the 4th year.

(2.) The result of the Academic Session 2008-2009 was declared on 14th July, 2009. It is not disputed that the petitioners having failed in the 3 rd year, the respondent SPA asked them to repeat the 3 rd year. The petitioners however did not report for repeating the classes of the 3 rd year. The petitioners challenged the result of their 3rd year examination as aforesaid by filing this petition in May, 2010. According to the respondent SPA, the Academic Session for 3rd year course which the petitioners were directed to repeat was over by May, 2010. The respondent SPA has as such raised a preliminary objection of the petition being barred by laches, waiver and acquiescence.

(3.) The respondent SPA has raised another preliminary objection. It is contended that a student is required to pass the 4th year examination within seven years of joining the course and the final examination within three years of passing the 4th year examination. It is contended that the petitioners without passing the 4th year have crossed seven years since the date of admission and cannot now be permitted to continue with the course. It is informed that the said Rule has been upheld in judgment dated 11 th July, 2007 of a Single Judge of this Court in W.P.(C) No.3273/2007 titled Ms. Sudeepti Chandra Vs. Director, School of Planning & Architecture and which was affirmed in the judgment dated 13th September, 2007 of the Division Bench in LPA No.1205/2007.