BIPIN KUMAR Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) PETITIONERS in Writ Petition No. 28277, Bipin Kumar v. University of Allahabad and others, 28278 of 1993, Keshav Deo Tripathi v. Allahabad University, Allahabad and another, 28275 of 1993, Rama Shish Misra v. Allahabad University, Allahabad and another and 30875 of 1993, Anurag Tripathi v. Allahabad University, Allahabad and another are students of B. Tech. in Agricultural Engineering in the Allahabad Agricultural Institute, Naini, Allahabad (hereinafter referred to as the Institute), having been admitted in the session 1991-92. They have failed in their respective examinations in more than two papers. Petitioner in Writ Petition No. 30874 of 1993. Km. Chinta Mani v. Allahabad University, Allahabad and another was admitted in the Institute in B. Sc. (Home Science) Part I in the session 1992-93. She failed in three papers in the first year examination. PETITIONERS in Writ Petitions Nos. 33243 of 1993, Shaiju George v. Allahabad University, Allahabad and another and 31445 of 1993, Krishna Pratap Singh v. University of Allahabad, and another are students of B.Sc. (Agriculture) in the Institute and have failed in their examinations in more than two papers. All of them requested the Principal of the Institute !o permit them to appear again in the second examination of those papers in which they have failed, but their request was not accepted. The petitioners have accordingly filed these writ petitions for writ of mandamus directing the respondents to permit them to appear again in the second examination of those papers in which they have failed.

(2.) AFTER filing the writ petitions the petitioners have filed supplementary affidavits. The Institute has filed counter affidavits and the petitioners have filed rejoinder affidavits in reply thereto. I have heard learned counsel for the petitioners, Sri J. Nagar, learned counsel for the Institute and Sri S. N. Upadhyaya, learned counsel for the University.

(3.) IT is true that Chapter XXVI-A of the Ordinance is not applicable to Medical and Engineering Examinations; but B. Tech. (Ag. Engg.) is not a Degree of Engineering in the strict sense of the term. In Allahabad University there are six faculties namely, faculties of Arts, Science, Commerce, Law, Medicine and Engineering. Moti Lal Nehru Medical College and Moti Lal Nehru Regional Engineering College deal with faculties of Medicine and Engineering respectively and impart education in connection with various Degrees in Medicine and Engineering. Institute imparts education in various courses of Agriculture. The Degrees relating to Agricultural Engineering, as per Ordinance, are of faculty of Science. Accordingly Chapter XXXIX of the Ordinance, which deals with the Degrees in the faculty of Science mentions Degree of B. Tech. In Electronic and Tele-communication Engineering and Degree of B. Tech. in Agriculture Engineering. These two Degrees are of faculty of Science and not of faculty of Engineering. B. Tech. (Ag. Engg.) is one of the Degrees of Agriculture, education of which is imparted by the Institute. IT cannot be treated to be the Degree of Engineering. That apart, there is nothing on the record to treat these Degrees as the Degrees of Engineering equivalent to Degrees of Bachelor of Engineering, education of which is imparted by Moti Lal Nehru Regional Engineering College.