ALLAHABAD AGRICULTURAL INSTITUTE Vs. BIPIN KUMAR

JUDGEMENT

(1.) THESE Special Appeals have been filed by Allahabad Agriculture Institute against the common judgment and order dated October 15, 19 3 of the learned Single Judge by which seven Writ Petitions filed by the different students were allowed.

(2.) THE writ petitioners, who are students of B. Tech. (Ag. Engg.), B.Sc. (Ag.) and B.Sc. (Home Science) in Allahabad Agriculture institute, failed in more than two papers In their respective Part-1 Examination. THEir request to appear in Second Examination having been Refused, they filed separate writ petitions praying that a writ of mandamus be Issued directing the appellant (Allahabad Agriculture: Institute) and University of Allahabad to permit them to appear in Second Examination of those papers in which they had failed. THE learned Single judge relying upon an alleged resolution of the Examination Committee, allowed the writ petitions and issued a direction that the petitioners should be permitted to appear in Second Examination in two papers after awarding grace mark in the third paper.

(3.) THE next question which falls for consideration is whether the writ petitioners seek to appear in Second Examination in two papers of two different subjects or two papers of the same subject. Chapter XXXlX of the Ordinances deal with the course of study for different degrees and Part 'F' thereof relate to Degree of Bachelor of Technology for Agriculture Engineering page 503 of the Calendar). Ordinance 2 of this Part provides that the course of study for the Bachelor of Technology in Agriculture Engineering degree shall extend over a period of four academic years with University Examination to be called First, Second. Third and Fourth Years Examination at the end of first, second, third and fourth academic year respectively. Ordinance 4 provides that every candidate for the First Year Examination shall be required to pass in the subject mentioned at pace 554 of the Calendar. Similarly Ordinance 5, 6, and 7 describe the subjects which a candidate is required to pass in the Second. Third and Fourth Year Examination (Page 557 to 559 of the Calendar). A perusal of the Calendar would show that every paper in each academic year is in fact a separate subject. THErefore, in view of the proviso to Ordinance 2, the relief claimed by all the writ petitioners who are students of B. Tech (Ag. Engg) cannot be granted as they have failed in more than one subject.