LAWS(CAL)-2004-8-45

UNIVERSITY OF TECHNOLOGY Vs. SUMANTA GHOSH

Decided On August 11, 2004
UNIVERSITY OF TECHNOLOGY Appellant
V/S
SUMANTA GHOSH Respondents

JUDGEMENT

(1.) This is an appeal directed against an interim order passed by the learned single Judge dated 16th May, 2003 whereby the learned single Judge passed an order in terms of prayer (c) of the writ petition. Prayer (c) of the writ petition reads as under: ?(e) Ad interim order of injunction directing the respondents, their men, agents, assigned subordinates to allow the petitioners to appear in the examination on and from 19.5.03 on the basis of acceptance of examination fee made annexure ?P-2? herein and further to issue admit card till disposal of the Rule;?

(2.) It was further observed by the learned single Judge that this order was made without prejudice to the rights and contentions of the parties to the writ petition including the petitioners. Aggrieved against this order the present appeal was filed by the University of Technology. The appeal was filed without the certified copy of the order, however, looking to the nature of the case that interest of students were involved, we permitted to file the appeal without the certified copy of the order.

(3.) We have heard learned counsel for the parties and perused records. The case of the writ petitioners was that they are students of Haldia Institute of Technology, affiliated to University of Technology, West Bengal, undergoing education in different branches of undergraduate course in Engineering. The writ petitioner Nos. 1 to 3 (however petitioner No. 2, Siddhartha Ghosh withdrew from the writ petition) were going to appear in the 2nd semester examination and petitioner Nos. 4 and 5 were going to appear in the 4th semester examination of the said Haldia Institute of Technology. It was alleged that the petitioners were qualified and eligible to appear in the aforesaid examinations and the college accepted examination fee from the writ petitioners for their respective examinations. The examination was scheduled to commence from 19th May, 2003, but till 15th May, 2003 no admission card was issued to the writ petitioners by the University of Technology, although all the writ petitioners deposited the examination fee either in time or with late fee. Therefore, they rushed to this Court to file the present writ petition. It was alleged that there was no reason for such illegal action of the University not to allow these students to appear in the forthcoming examination. Therefore, these writ petitioners sought a writ of mandamus directing the University to issue admit card to them for appearing in the ensuing examination. Learned single Judge after hearing the writ petitioners passed the aforesaid interim order exparte. Hence the present appeal was filed by the University and an interim order was passed by this Court staying operation of the order of the learned single Judge. Finally, the matter was placed for early disposal dispensing of filing of certified copy of the order. The reason given by the University was that all these writ petitioner lacked requisite 75% of the attendance which was required for a student for appearing in the examination and in that context the University invited our attention to Regulation 4(1) and 4(2) of the Chapter II of the Regulation under the heading 'Academic Regulations', which are relevant for our purpose, read as under: ?4. Eligibility for appearing in Examinations:-