VIRENDRA SINGH SEN Vs. JIWAJI UNIVERSITY GWALIOR

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution by a student of the Jiwaji University Gwalior hereinafter referred to as 'the University') for quashing the programme of B. E. examinations, which were to be held from 1st December, 1975.

(2.) The petitioner is a student of Third Year B. E. (Civil) in the Madhav Institute of Technology and Science, Gwalior (hereinafter referred to as M. I. T. S.). He is also the Convenor of the action committee of the M. I. T. S. Students union, Gwalior. The University published a news item (Annexure B) informing the students that examinations for Engineering Classes will be held from 1st December, 1975. The contention of the petitioner is that this action of the Univerity was in contravention of Regulation No. 3, which lays down that only two examinations will be held every year, one in November and the other in April. According to him, the University has already held two examinations this year one in January and the other in July and, therefore, a third examination cannot be held. He further submitted that during this year, the session started from 28th August, 1975 and the classes of Third Year B. E. started from 18th September, 1975. It was therefore, too early to hold examinations from 1st of December, 1975. A petition of grievances was, therefore, presented by the M. I. T. S. students on 24th November, 1975. before the Principal for changing the date of examination in view of the diffculties mentioned in the petition. As no action was taken on the said petition, the students wanted to meet the Vice Chancellor, but were not allowed by the police to do so. The petitioner therefore, in his capacity as convener of the student union presented this petition praying that the programme of examination as announced by the University be quashed.

(3.) The petitioner had also filed an application for restraining the University not to hold the Engineering Examination from 1st December, 1975; but this application was rejected and we are told that the examinations have since been held and about 90 per cent, of the students have appeared at the said examinations.