HARITOSH MISHRA Vs. BOARD OF TECHNICAL EDUCATION

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India to seek a direction to the respondents to either hold the Sessional Examination in respect of the petitioner again or to award average marks to the petitioner in the paper of Basic Electronics (theory). A further writ is sought to quash the Respondent's letter dated 12.1.2006 whereby the respondents have communicated that the petitioner's representation has been rejected by the Expert Committee on the ground of completion of five years duration from the time the petitioner took admission in the Diploma course in Computer Engineering.

(2.) The petitioner was nominated by the State of Uttar Pradesh to undertake the course of Diploma in Computer Engineering at respondent No.2 institute i.e. Ambedkar Polytechnic vide letter dated 20.9.2000 sent by the Director of Technical Education, U.P. to the Director, Training and Technical Education, Govt. of NCT of Delhi. Consequently a further communication was issued on 22.9.2000 by the Department of Training and Technical Education, Govt. of NCT of Delhi to the Chief Admission Officer, Pusa Polytechnic to admit the petitioner. Accordingly the petitioner took admission in the aforesaid course in Ambedkar Polytechnic, New Delhi on 25.9.2000. Admittedly, the academic session for the said course had started in the month of July, 2000 and the petitioner joined on or after 25.9.2000. The petitioner submits that according to the format of the said course, in each subject two Sessional examinations of 20 marks each were held before he could join the course at the end of September, 2000. However, since the petitioner was till then not admitted to the institute he possibly could not take the said Sessional examination. The petitioner appeared in the Ist semester Examinations, which were conducted when he was already studying in the 3rd semester in January, 2002. In the Basic Electronics theory paper he obtained 41 out of 100 marks. Out of maximum marks of 150, 100 marks are allotted to the final theory examination and 50 marks are allotted towards Sessional examinations (2 exams of 20 marks each) and House Assessment of 10 marks. In Basic Electronics, the petitioner had been marked absent in the first Sessional Examination and awarded zero marks in the second Sessional Examination.

(3.) In the same paper i.e. Basic Electronics he had been given 6 marks out of 10 marks under the heading House Assessment (HA). Therefore, out of 50 marks comprising of two Sessional examinations of 20 marks each and the House Assessment of 10 marks, he was awarded only 6 marks in Basic Electronics subject.