VISHAL SHARMA Vs. RAJIVE GANDHI TECHNICAL UNIVERSITY

JUDGEMENT

(1.) CHALLENGING action of respondent/university in not permitting the petitioner to appear in the first semester examination conducted for the postgraduate course in M.Pharma, this writ petition has been filed.

(2.) FACTS in brief necessary for deciding this writ petition goes to show that petitioner completed his graduation in Pharmacy (B. Pharma.) and was a candidate who applied for admission to the PG course i.e. M. Pharma. It seems that he participated in the process of selection, counseling were held and finally he was granted admission in the respondent No.5 institute, namely VNS Institute of Pharmacy, Bhopal. Petitioner was granted admission after the counseling was held on 25.11.2011, he was admitted on 2.12.2011 and he started attending the classes w.e.f. 5.12.2011. In the meanwhile, admission to the first semester, for the course in question, in the institute had already commenced on 1.9.2011 according to the petitioner the session for this semester was over on 10.1.2012, as is evident from Annexure R-4, the communication made by the Principal of the Institute to the respondent university.

(3.) INVITING our attention to Annexure R-4 and averments made by the institute in para 4 of its reply, it was argued by Shri V.K. Jain that, so far as completing the course of studies is concerned extra classes were held by the institute in question during the period 26.12.2011 to 14.01.2012 and according to the institute, respondent No.5, also the entire course was concluded. Now it is the case of petitioner that even though he was admitted to the first semester M. Pharma courses only on 15.12.2011, but after studying in the institute for the period from 5.12.2011 upto 14.01.2012, during which period extra classes were also taken, he has completed the entire syllabus i.e. course of study for the first semester and, therefore, now direction should be issued to the university to regularize his course of studies for first semester, declare results of the first semester and permit him to pursue the course of study further, as examination for second semester is also undertaken by virtue of order passed by this Court. It was emphasized by Shri V.K. Jain on the basis of material available on record that petitioner having completed the entire course of study for the first semester and the institute having taken extra classes, the university now cannot say that petitioner has not completed the course of study and, therefore, not entitled to any relief. Learned counsel for the petitioner argued that the petitioner was also admitted to the second semester examination, he has completed the course in the second semester examination and now the result of the second semester examination undertaken by virtue of interim order should also be declared.