VIKRANT SHARMA Vs. ATAL BIHARI VAJPAYEE INSTITUTE OF INFORMATION TECHNOLOGY AND MANAGEMENT AND OTHERS

JUDGEMENT

(1.) The present review petition has been preferred under Order XLVII Rule 1 and 2 CPC whereby petitioner is seeking review of the order dated 17/03/2017 passed by this Court in W.P. No.6474/2016.

(2.) Precisely stated facts of the case are that petitioner, after completing his graduation from Kumaun University, Nainital opted for M.Tech. Course in Atal Bihari Vajpaiyee I.I.I.T.M. Gwalior (hereinafter referred as "Institute"). The said course consists of four semesters. He enrolled himself in 2006 for M.Tech. Course. He appeared and successfully cleared three semesters of his post graduation course. It appears that after 29/09/2007 he did not register for prosecuting his studies of 4th semester and went to Germany seemingly to ameliorate for better exacting in life. Consequently, he was awarded category "I" (incomplete) and directed to report the session immediately but his nonappearance was obvious because of his assignment abroad. It further appears that he did not appear to prosecute the course further. After 8 years, petitioner returned back and tried to pick up the thread of completion of 4th semester from where he left in 2007 but remained unsuccessful because now the rules of institute were staring at him.

(3.) Being crestfallen by the response of the Institute, petitioner preferred writ petition vide W.P. No.6474/2016 and contended that in 4th semester, a candidate has to perform the research work and ultimately has to submit dissertation/ thesis to the concerned authority for which presence of the candidate is not required therefore, he sought declaration of result on the basis of assignment of thesis. Alternatively prayer of the petitioner was to get fresh re-registration in 4th semester of M.Tech. course so that he may complete it again.