RAKESH MISHRA Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) PETITIONER is a student of M. Sc. in Chemistry in the School of Studies, Jiwaji University, Gwalior, and for getting a degree he has to clear four examinations in the semester system. Petitioner complains that he cleared first semester, while in second semester, because of his illness, he could not appear in one paper and failed in other paper, but, cleared two papers of that semester and was allowed to attend the classes of third semester, but now, the University has taken a turn and is not allowing the petitioner to attend the classes of fourth semester, and has directed the petitioner to first clear the whole examination of second semester and, then of third semester, then only he can be allowed to attend the classes of fourth semester and to appear in the examination of fourth semester.

(2.) SHRI J.P. Gupta, learned counsel for the University, took this Court through clause 10 of the Ordinance No. 38, framed under section 37 of the M.P. Vishwavidyalaya Adhiniyam 1973, and submitted that clause 10 in clear terms does not authorise the University to allow a student for attending the classes of fourth semester and to appear in the examination of fourth semester, unless a student clears the whole examination of second and third semesters.

(3.) THE Jiwaji University has laid down the manner in Ordinance No. 38 of holding examination of semester system for M.A., M. Com. and M.Sc. This Ordinance contains 18 clauses. For the purposes of present petition, clauses No. 10 and 11 are relevant, we reproduce -