ANKIT SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, who is a student of B.Tech. in Babu Banarasi Das Institute of Technology, Duhai, Ghaziabad (hereinafter referred to as the 'Institute') which is affiliated to the U.P. Technical University, Lucknow (hereinafter referred to as the 'University'), has filed this petition for a direction upon the respondents to declare his result of the 8th Semester of Fourth Year Examination for the Session 2007-08.

(2.) It is stated in the writ petition that the petitioner had appeared at the said examination but marks of sessional/internal have not been displayed in the mark- sheet which the petitioner has annexed as Annexure 1 to the writ petition after downloading it from the internet. The petitioner contacted the University authorities but was informed that the same have not been mentioned in the mark-sheet since the University had not received the sessional/internal marks from the College.

(3.) A counter affidavit has been filed by the University as well as the Institute. It has been stated that the petitioner had been detained from appearing at the 8th Semester Examination of the Academic Session 2007-08 since his attendance was short and for this reason even the admit card was not issued to the petitioner and the original admit card is still with the Institute. It has also been stated that in the absence of the admit card, the petitioner could not have appeared at the examination, from the Centre K.I.E.T, Ghaziabad allotted to the students of the Institute by the University. It has also been stated in the counter affidavit that the attendance of the petitioner in the 8th Semester is only 16% as against the requirement of 75% though in certain circumstances, this requirement of 75% could be further condoned by 15%. The attendance sheets have also been enclosed along with the counter affidavit. In the counter affidavit filed by the University, it has also been stated that the Institute had sent a list of candidates who had been detained from appearing in the examination and the name of the petitioner also appeared in the said list. The petitioner has, therefore, been declared failed.