A.K. SINGH Vs. VICE CHANCELLOR, RGPVV

JUDGEMENT

(1.) AS common question of law and fact are involved in all these three cases and the only question involved is with regard to A.K. Singh ; R.K. Nayak ; Shibendra Patel Vs. VC, RGPVV and another permitting the petitioners to appear in the Examination and the action of the College in prohibiting them from appearing in the Examination on the ground that they do not possess minimum 75% attendance required as per Rules for appearing in the Examination, all these petitions are being heard and disposed of by this common order. For the sake of convenience, documents and pleadings available in the record of Writ Petition No. 2805/2011 is being referred to in the order.

(2.) PETITIONERS , in all the three cases, obtained Bachelor's Degree in Engineering in various faculties. Petitioner A.K. Singh, in Writ Petition No. 2805/2011, obtained a Degree in Civil Engineering from Government Engineering College, Gorakhpur in the year 1991; petitioner R.K. Nayak, in Writ Petition No. 2806/2011, obtained his Degree in Civil Engineering from Government Engineering College in the year 1982; and, petitioner Shibendra Patel, in Writ Petition No.3100/2011, obtained his Degree in Civil Engineering from Jabalpur Engineering College, Jabalpur.

(3.) BE that as it may be, all the three petitioners after being so placed sought for admission in a Post Graduate Course i.e... Master of A.K. Singh ; R.K. Nayak ; Shibendra Patel Vs. VC, RGPVV and another Engineering and were granted admission in Master Course by Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal in various faculties, and are prosecuting their studies in Jabalpur Engineering College. In the year 2011, when the cause of action for filing of these writ petitions accrued, they were pursuing the Course for the Final Examination of the 3 rd Semester. The last date of submitting the Examination Form was 15.2.2011 and when the petitioners were prohibited from submitting the Examination Form and were debarred from appearing in the Examination, they approached this Court. It was the case of the petitioners that they have attended the requisite number of classes, have acquired 75% attendance as required under the Rules and without any justification they are being prevented from appearing in the Examination. Taking note of all these factors, an interim order was passed and the petitioners were permitted to submit their forms and appear in the Examination subject to final decision of this writ petition.