VINOD KUMAR SINGH Vs. ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) THE petitioner has sought a writ of mandamus commanding the respondents to permit the petitioner in second examination in two papers, namely (1) Principle of Agricultural Engineering THEory : and (2) Rural Sociology and Extension Education THEory and provide grace marks in one paper namely I-B Botany THEory. THE petitioner has further sought a direction in the nature of mandamus directing the respondents to admit the petitioner in B. Tech. Agricultural Engineering IInd year Course.

(2.) THE petitioner is a regular student of Allahabad Agricultural Institute, Naini Allahabad. THE annual examination B. Tech. Engineering 1st year Course was held in the year 1993 and the result of such examination was declared in the month of February 1994. THE petitioner was provided with a marksheet on 16th February 1994. In the marksheet which has been supplied to the petitioner he was shown to have failed in three papers namely, I. B. Botany THEory, Principles of Agricultural Engineering, and Rural Sociology and Extension Education

(3.) LEARNED counsel for the petitioner has placed reliance upon the decision in the case of Bipin Kumar v. University of Allahabad, 1994 UP LB EC 95. In this case a candidate was permitted to appear in Second Examination in two papers and the Court further permitted that the petitioner may be granted grace marks in the third paper. This case was decided on the basis of a resolution of the Examination Committee dated 8th September 1993, The resolution was as follows :- "It was resolved that since the some candidates have been allowed to appear in two papers and awarded grace make in third paper in the past the same practice be followed for those students and for future the provisions of Ordinance be strictly followed for fresh students and it should be notified." It was held that in pursuance of the resolution those candidates who appeared prior to the date of passing the resolution were entitled to appear in two papers, In the present case, the petitioner cannot claim the benefit of said resolution. The resolution itself indicates that the students who will appear in future examination, the provisions of ordinance shall be strictly followed. In writ petition no. 23897 of 1987, Mritunjal Prasad v. University of Allahabad and others, a Division Bench of this Court held that if a candidate has failed In more than two papers In B. Tech. 3rd year shall not be entitled to the benefit of clause (Iv) of Rule 2 off the Ordinance relating to second examination.