PRAVEEN KUMAR TIWARI Vs. RAJIV GANDHI PROUDYOGIKI VISWAVIDYALAYA

JUDGEMENT

(1.) The petitioner has filed this petition praying for a direction to the respondent/University to conduct reexamination of the petitioner for all the back subjects in which the petitioner has failed in the three years' Mining and Mine Surveying Diploma Course conducted by the respondent/University.

(2.) The respondent/University has filed a return and pointed out that the duration of the diploma course in which the petitioner had taken admission was three years as per Ordinance No. 24 of the respondent/University. The respondent has specifically referred to clause 3.3 of the said ordinance which prescribes that the maximum duration within which the three years' diploma programme has to be completed by a student is five years. The respondent/University has pointed out that the petitioner had obtained admission in the course in the year 2008 and has not been able to clear the programme till date even after a lapse of ten years. The respondent submits that the petitioner had been granted last opportunity by the respondent/University in the year 2013 on account of delay in conducting the examination, but the petitioner failed to clear the examination and, therefore, the petitioner is neither on the rolls of the respondent/University nor has he been permitted to clear the examination.

(3.) Having heard the learned counsel for the parties and taking into account the provisions of clause of 3 of the ordinance No. 24 of the respondent/University, we are of the consideration opinion that as the petitioner has failed to pass the three years' diploma course in the extended maximum period of five years, and that he do so by the respondent/authority, no further indulgence can be given to the petitioner, more so as a direction which would go counter to the ordinance and would render the same redundant cannot be given by this Court in exercise of powers under Article 226 of he Constitution of India. Therefore, the petition filed by the petitioner being meritless is hereby dismissed.