DINSON DANIEL Vs. MAHATMA GANDHI UNIVERSITY,

JUDGEMENT

(1.) Petitioner had joined the 4th respondent Engineering College for M.C.A. course. He completed 4 semesters in the first two years under the Old Scheme. According to the petitioner, due to shortage of attendance in the 3rd year, he could not appear for the 5th and 6th semester examinations.

(2.) In an application made, by Ext.P2 order dated 02/03/2010 passed by the University, the petitioner was permitted to be re-admitted to the 5th semester course during the academic year 2009-2010. Accordingly, the petitioner was readmitted. The petitioner submits that re-admission granted to him was for the course under the Old Scheme and that the College had held separate classes for his benefit. However, when hall tickets were issued for the examination, it was for examination under the New Scheme. Representations were made by the petitioner for the issuance of hall ticket to enable him to appear for the examination under the Old Scheme. That were rejected by Ext.P6 order of the University dated 20/07/2010 stating that the petitioner will be permitted to appear only under the New Scheme. It was thereupon that this writ petition has been filed seeking to quash Ext.P6 and to direct respondents 1 to 3 to provide an opportunity to the petitioner to appear for the 5th semester examination of MCA under the Old Scheme.

(3.) The University has filed a counter affidavit. In the counter affidavit, it is specifically stated that as per the Regulations, a candidate, who has shortage of attendance has to repeat the course, and that a candidate who is re-admitted to a course in such circumstances, has to repeat the semester in which he is granted re-admission, and shall attend the classes with the ongoing batch of the College as a regular candidate and shall appear for the examination under the existing Scheme. It is stated that by Ext.P2 letter, the University had granted permission to re-admit the petitioner to the 5th semester MCA course and that he was not permitted to attend the classes under the Old Scheme. It is also stated that only supplementary failed candidates are permitted to appear for the examination under the Old Scheme.