GAGAN KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER-APPELLANT before this Court was admitted as an student in B. Tech Four year Degree course comprising of eight semester in the year 2003-2004. The controversy giving rise to the present special appeal pertains to fifth and sixth semester examination undertaken by the petitioner, referable to third year of the course.

(2.) THE petitioner has admittedly failed in six theory papers and has further failed to achieve the minimum total aggregate pass mark provided qua the examination, namely 50%. The petitioner was, therefore, refused admission in the fourth year. The order so passed by the u. P. Technical University, Lucknow was challenged by the petitioner before the learned Single Judge of this Court by means of the Writ Petition No. 42017 of 2007.

(3.) THE learned Single Judge, after noticing the provisions of the ordinances, which have been enforced by the U. P. Technical University, found that the petitioner was not entitled for the relief prayed for and, therefore, proceeded to dismiss the writ petition. The order of the learned Single Judge is being questioned before us by means of the present special appeal under Chapter VIII, Rule 5 of the High Court Rules.