(1.) This appeal, under clause 15 of the Letters Patent, is preferred against the order passed by the learned Single Judge in WP.No.4134 of 2018 dated 14.03.2018. The appellants herein filed the said Writ Petition seeking a mandamus to declare the action of the respondent-University, in not permitting the petitioners to attend the next higher class based on the backlogs and permitting other students to attend higher classes, as wholly illegal and unconstitutional, to set aside the order of detention dated 25.11.2017, to permit the petitioners to attend the next higher classes, and to allow them to appear in all internal examinations, the mid-semester, and the end-semester examinations scheduled to be held in the months of March and April 2018; and, based on the same, to promote them to the next higher classes.
(2.) The petitioners are all students of the first respondent-University, the only National Law University in the State of Andhra Pradesh. The Damodaram Sanjivayya National Law University, Visakhapatnam, Examination Rules prescribes, among others, the promotion scheme for the Five year B.A., LL.B. (Hons) Programme. clause 2.1 thereunder stipulates that the University would offer ten subjects in a year, except in the first two semesters where the students shall have twelve subjects (from academic year 2014-15). clause 2.2 provides that the promotion scheme for the student is based on the criteria prescribed thereunder. Under clause 2.2.1, a student shall be promoted to the third year only after he/she clears all the subjects offered in the first year. Under clause 2.2.2, a student shall be promoted to the fourth year only after he/she clears all the subjects offered in the second year. In terms of clause 2.2.3, a student shall be promoted to the fifth year only after he/she clears all the subjects offered in the third year. clause 2.3 stipulates that, if a student fails to clear as per Rule (2.2), he/she shall not be promoted to the next year. He/she shall repeat the year, after seeking re-admission to the same class, on payment of the yearly fees according to the fees structure of the year. clause 19.1 of the Rules confers power on the Vice Chancellor, on the recommendation of the Examination Committee, and in consultation with the Committee consisting of the Head, Academic Affairs and two senior faculty members, to make provision for all matters not provided in the Rules. The said clause also enables the Vice-Chancellor to decide on special rules, including deviations from the existing rules to suit special situations, provided he shall report on them to the Academic Council in its next meeting.
(3.) The petitioners' grievance is that the Examination Committee, consisting of five faculty members, met on 02.11.2017 and resolved to grant 1% moderation marks per semester, to promote students to the next semester who have only one backlog by taking an undertaking from him/her that they should clear it by next year; since English subject is a non-credit paper, those who could not qualify in that subject need not be detained; students, who secured less than twenty marks in internals, shall be permitted to re-submit their projects (resubmission of projects and their evaluation should be completed on or before 07.11.2017); these three recommendations should be implemented with immediate effect; and the results of the 2012 batch students should be declared immediately.