SHUJAT ALI Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) The appellant's writ petition was dismissed by the learned Single Judge on 11/12/1998, who has preferred this appeal under Clause 10 of the Letters Patent.

(2.) Writ petition under Article 226 of the Constitution of India was filed by the appellant seeking direction against the respondent University to promote him to the 2nd year M.B.A. as per the Rules of the University; grant mark sheet to him in terms of actual marks obtained and award him proper grade in the mark sheet in terms of actual marks.

(3.) Interpreting the Examination Rules, learned Single Judge held that without passing Ist year examination, a candidate cannot undergo the IInd year course or appear in the IInd year examination and as per clause 7 of the Examination Rules, to pass the Ist year examination, a candidate shall obtain at least grade 'D' in each course of the Ist year examination. The appellant has not obtained at least 'D' grade in each course of the Ist year examination. Thus the appellant has not passed Ist year of M.B.A. Examination and he is not eligible to undergo IInd year course. On the contention of the appellant for interpreting Rules in a particular manner, it was held that the respondent University has interpreted and implemented the Examination Rules in a particular manner and since the same criteria has uniformly been followed in the case of all the students, no injustice will be done to the appellant even if the respondent University is allowed to follow the same criteria for promotion in the case of the appellant also.