SHAHROZ RAZA Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for directions to the respondents to promote him from 2nd year Bachelor of Dental Surgery (BDS) course to 3rd year BDS course, and further to allow him to attend 3rd year BDS course classes.

(2.) THE admitted facts of the case are that the petitioner is a student of BDS (Dentistry) course admitted in respondent No.1/University in the academic year 2009-10. Upon successfully completing the 1st year course, the petitioner was promoted to the 2nd year, in the academic session 2010-11. When the annual examinations were held for the 2 nd academic session and the results were declared on 06.09.2011, the petitioner discovered that he had failed in three subjects. When the supplementary examinations of the 2nd year BDS course were held from 14.10.2011 to 22.10.2011, the petitioner attempted to clear the three subjects in which he had failed in the annual examinations. As the results of the supplementary examinations were to be declared in November, 2011, the petitioner was permitted by the respondents to attend classes for the 3rd year BDS course, i.e., academic year 2011-12. However, upon declaration of the results of the supplementary examinations of the petitioner on 15.11.2011, it transpired that out of three subjects, the petitioner had cleared two subjects and had failed in one subject.

(3.) THE aforesaid rules make it crystal clear that a candidate, who fails in the annual examination shall be permitted to attend the next higher class only upon his successfully completing the examination of the previous year. THE plea of the petitioner that even if he has failed in one of the subjects in the supplementary examination for the 2nd year BDS course held in October 2011, he be permitted to attend classes for the 3rd year BDS course, is not tenable. Admittedly, the petitioner has not been able to clear the Second year in the academic year 2010-11, either by passing in all the subjects in the annual examination held for the second academic session or by clearing the remaining subjects in which he had failed in the supplementary examination of the same year held in October 2011. Merely because the respondent/University had granted a concession to the petitioner to continue attending classes of the 3rd year BDS course in the expectation of his clearing the supplementary examinations for the 2nd year, in itself cannot entitle the petitioner to claim a vested right to continue attending 3rd year BDS course classes, when admittedly he has failed to pass one of the three papers that he had attempted in the supplementary examinations held for the 2nd year, in the month of November 2011. THE same is neither the import, nor the intent of Rule 6(2)(iii) of Ordinance 15-C.