VINOJ P SELVAM Vs. AMBEDKAR LAW UNIVERSITY

JUDGEMENT

(1.) BY consent of both the counsel, the main writ petitions are taken up for final disposal.

(2.) W. P. NOS. 2617 and 12517 of 2008 are filed by Mr. Vinoj P. Selvam, while W. P. nos. 2618 and 12516 of 2008 are filed by D. Siddarthan. Both the petitioners have joined in the 5 years Law Course conducted by the 1st respondent University for the academic year 2003-2004. After completion of the 4th year, which was in April, 2007, they took examinations and while promoting candidates to the 5th year in 2007-2008, which was started from July 2007, the petitioners and 13 others were not allowed to be promoted to the 5th year due to the reason that they have not passed the previous year examinations. But in the writ petitions filed by the candidates, who were not going to be promoted to the 5th year, there was a direction to the respondents to consider the representations of the said candidates. It is not in dispute that out of the 14 candidates, the representations made by 12 persons were accepted by the respondent University and they were allowed to be promoted to the subsequent years including 5th year Law Course. However, in respect of the petitioners, they were not allowed to be promoted to the 5th year and their claim was rejected. Hence, the petitioners once again filed a representation dated 20. 08. 2007 to the 2nd respondent to consider their claim for promotion to the 5th year, but the same was rejected under the impugned order dated 02. 01. 2008, which came to be passed on the basis of a decision taken by the Board of Studies based on the Syndicate Resolution and the operative portion of the order reads as follows:-

(3.) IT is stated that by subsequent amendment effected, the University has promoted students, who have completed all the papers in the 3rd year course even though they have arrears in the 4th year by break system. By subsequent amendment, the University has also allowed the candidates to be promoted to the 5th year even if the candidate is having arrears in respect of one paper in 3rd year also. That Resolution passed by the Syndicate on 07. 08. 2008 reads as follows:-