BIBIN BABU Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) PETITIONERS challenge Ext.P9. Petitioners joined Aligarh Muslim University, Malappuram Centre during the academic year 2010-2011. The course study is for a period of five years and each year the students have to attempt two semesters. They will be permitted to attend the third semester only if they pass in the first and second semesters. The petitioners did not pass for all the papers during the second semester. As per the regulations, they are permitted to have a resit examination. They were permitted to attend the third semester classes but since the resit examination results did not come before the examinations of the third semester, they were not permitted to write the third semester examination. They approached this Court and by virtue of an interim order in W.P.C.No.13122 of 2012, this Court permitted the petitioners to attend the third semester examination. In the meantime, the petitioners failed in the resit examination also which was published on 13/08/2012. On the basis of a representation submitted by the petitioners, another opportunity was given to them to write the said examination which was held on 20/08/2012 and all of them passed in the second and third semester examinations except the first petitioner. In the meantime, when the writ petition came up for hearing, this Court, having taken note of the facts of the case, passed a judgment on 06/09/2012 which reads as under:

(2.) HOWEVER the 4th semester classes started on 10/01/2013. In the meantime, the petitioners lost their opportunity to attend the 4th semester classes which started on 28/8/2012 and they lost one semester when the classes started on 10/01/2013. But they were not permitted to attend the 4th semester classes. Therefore, they approached this Court and by an interim order dated 29/01/2013, this Court directed the 2nd respondent to consider Ext.P8 representation and to pass appropriate orders within three weeks which resulted in Ext.P9 order. In Ext.P9 order the authorities took a view that since the petitioners could not pass the 2nd semester examinations before the examinations of the 3rd semester, though the petitioners completed the 3rd semester classes it is deemed to be cancelled and therefore they will have to attend the third semester classes once again to qualify for the examination and then proceed for the next semester. This writ petition is therefore amended challenging Ext.P9 as well.

(3.) IT is also contended by the respondents that the petitioners approached this Court seeking the relief to attend the 4th semester classes after having passed the second and third semester examinations and did not obtain any direction from this Court. The writ petition was disposed of only with a direction to approach the respondents. The present writ petition is therefore barred by the principles of constructive res judicata and estoppel. A reference is also made to Exts.R6(a) and R6(g). Ext.R6(a) is an office memo by which the petitioners were permitted to continue the third semester class which reads as under: