ASHISH SEMWAL Vs. H.N. BAHUGUNA GARHWAL UNIVERSITY

JUDGEMENT

(1.) By means of these writ petitions, moved under Article 226 of the Constitution of India, the petitioners have sought mandamus to appear in the examination of their next semesters of the B. Tech course and permission to clear the back papers. Learned counsel for the parties requested that all these petitions be disposed of finally as the examination of the University are going to commence from 20.12.2004, as such these cases are taken up for disposal.

(2.) BRIEF common factual matrix of these cases is that Graphic Era Institute of Technology is affiliated to H.N.B. Garhwal University and petitioners are its students of B. Tech course. As per the rules of the University, a student is required to appear in 10 papers i.e., 6 papers in theory and 4 papers in practical in each semester (there are in all 8 semesters). If a student fails to clear three or less than three papers, he is permitted to clear the said papers in subsequent semesters as back papers. The petitioners' case is that they have not been provided two opportunities to clear the back paper and discriminated against those who were allowed to clear back papers by giving them more than one opportunity.

(3.) PETITIONERS of the Writ Petition No. 1034 of 2004 (M/S) are of the batch 2001 -2005 while the petitioners of rest of the petitions (i.e. Writ Petition No. 1066 of 2004 (M/S), Writ Petition No. 1067 of 2004 (M/S), Writ Petition No. 1303 of 2004 (M/S), Writ Petition No. 1312 of 2004 (M/S) Writ Petition No. 1059 of 2004) (M/S) are students of 2002 -2006 batch.