RAVI KANT GOSWAMI Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner has rushed to this Court with request to issue writ of mandamus commanding respondent Nos. 2 and 4 to declare the results of the petitioner of Specially Carryover Examination for 5th and 6th semester examinations. Further prayer has been made for commanding the respondents to admit the petitioner in B. Tech 4th year degree course for the session 2011-12. Brief back-ground of the case is that the petitioner was admitted to B. Tech. Course with Civil Engineering branch in the academic session 2006-07 in Hindustan College of Science & Technology, Mathura affiliated to Gautam Budh Technical University, Lucknow. The petitioner passed the 1st year B. Tech. Degree Course- 2006-07. Thereafter, petitioner was admitted to 2nd year for the session 2007-08. The petitioner finally could not clear the four papers of 3rd semester as also the two papers of 4th semester for the session 2007-2008 2nd year degree. After re-admission in 2008-09 session, petitioner appeared as regular student and continued his studies and wrote the examination for 3rd and 4th semesters course were taken into consideration, the petitioner was given promotion and was admitted as regular student for session 2009-2010 in 3rd year B. Tech course. The petitioner failed to clear 3rd year examination as his aggregate marks were less than 1000 when both 5th and 6th semesters marks were taken into consideration. The petitioner was again readmitted in the session 2010-2011 as ex student of 3rd year and was entitled for his studies as per old syllabus. In the meantime a special scheme was formulated by the University for conduct of examinations of carryover students, who were admitted for session 2004-05 to 2007-08 in B. Tech. and B. Pharma Courses. Said carryover examination was to be conducted in the month of September/ October, 2011 at examination centres situated in Lucknow. The petitioner applied under the said scheme, his application was duly considered and he was issued admit card for the subjects TAS 301, TCE 301, TCE 303, TCE 501, TCE 502, TCE 503, TCE 605 and TME 303. The result for 2nd year Carryover subjects have already been declared by the University and the petitioner has succeeded in clearing three papers out of four carryover papers for which he reappeared in re-examination. Since the result of 3rd year carryover papers had not been declared by the University, the petitioner wrote a letter to the additional Controller of Examination requesting him to declare the result as soon as possible. Since nothing has been done by the University on the letter of the petitioner, he has rushed to this Court with the prayer already mentioned above.

(2.) Counter-affidavit has been filed and therein stand has been taken that the petitioner was not at all fulfilling the terms and conditions entitling him to appear in the special carryover examination as per Circular letter dated 21.1.2012, which contained eligibility criteria, conditions and restrictions also, which were to be followed by the respective colleges. In this background, it has been stated that the petitioner was not at all eligible and entitled to appear in the special carryover examination. The institution has also filed counter-affidavit. Rejoinder-affidavit has also been filed to the counter-affidavit filed on behalf of the University.

(3.) After pleadings mentioned above have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties.