C R SRINIVAS Vs. OSMANIA UNIVERSITY HYD

JUDGEMENT

(1.) The petitioner joined the M.C.A. course in second respondent College during the academic year 1995-96. He completed the 3 Year course, but he could not get his Degree as he had three backlog papers yet to get through. The petitioner, thereafter approached first respondent to permit him to appear for the backlog examinations, in vain. The petitioner contends that there is no rule prohibiting a student of M.C.A. from appearing the examinations to complete the backlog papers. Therefore, he filed the writ petition seeking a declaration that the action of the respondents in not permitting the petitioner to appear for the M.C.A. backlog examinations of 3 Year course, is illegal and unconstitutional. He also seeks a consequential direction to the respondents to permit him to appear for the backlog examinations of the III Year First semester ICG and Programming Languages with optional: E-Commerce Data Ware Housing, Parallel Programming, 1st Year I semester MFCS and Elementary Maths and I Year II semester COAL and Graph Theory exam.

(2.) The writ petition was initially listed before this Court on 13-3-2003 and the learned Standing Counsel for Osmania University took time for getting instructions. This Court also passed interim orders on the same day directing first respondent to permit the petitioner to write examinations in the above three papers commencing from 17-3-2003. Subsequently, the writ petition was admitted on 12-8-2003 and the interim order passed on 13-3-2003 was made absolute. The respondent University has now come forward with an application to vacate the interim order and the writ petition itself was finally heard having regard to the urgency in the matter.

(3.) In the counter-affidavit filed by the Registrar of Osmania University, writ petition is opposed inter alia contending that the petitioner ought to have completed M.C.A. course in a maximum duration of six academic years. The petitioner last appeared in the III Year First semester examinations in August, 2001, and therefore, he is not eligible to continue the course. Reliance is placed on Rule 3 of the Rules and Regulations for the 3 Year M.C.A. course (the Rules, for brevity), which is to the effect that a candidate, for the award of Degree of M.C.A. has to complete the course within six years from the time of admission, failure of which shall result in forfeiting the seat. It is also stated that in response to the petitioner's applications, the University has issued a Memo dated 18-2-2003 informing about the ineligibility of the petitioner on the ground that he is not eligible to appear in the backlog papers of M.C.A. course, since he has completed stipulated period of six years by 2000-2001.