SAIKAT GHOSH Vs. INSTITUTION OF ENGINEERS INDIA

JUDGEMENT

(1.) The petitioner in this writ petition is a serving technical student and was elected to the Roll of Technician Membership of the Institution of Engineers (India) (hereinafter referred to as the said Institution) bearing No. T-115245-2 of the year 1993. The respondent Institution conducts examinations and gives Certificates. The petitioner is a candidate for Section A (Non-Diploma Stream). According to the Rules of the said Institution, applications to appear at Section A (Non-Diploma Stream) Examinations are to be considered from those Technician Members who shall be in the Roll of the Institution for one year before they intended to appear in the Examination unless they are disqualified by the Council. The one year will be based upon the date of election to the Roll as given below :Date of Election Eligible to appear for the first time in. 1st January to Winter Examination 31st March SAME YEAR 1st April to Summer Examination 30th SeptemberNext Year. 1st October to Winter Examination 31st December Next Year

(2.) The petitioner being a Technician Member of the Institution since 1993 became eligible to appear in the aforesaid Examination. The syllabus of Examination for each Section of the Institution consists of ten subjects. According to Rule 2.2.3 which is meant for Section A (Non-Diploma Stream) Examination and Rule 2.4.3 meant for Section B Examination are almost identically framed and according to these Rules, a candidate is permitted to appear at an Examination in one or more subjects but not exceeding five subjects at a time (including the subjects in which he appeared previously but failed to secure pass marks which is 50%). Rules 2.2.3 and 2.4.3 are set out below :-

(3.) According to the aforesaid Rules a candidate can choose at any semester examinations which are held once in Summer and again in Winter any five subjects or any of them and, if he fails in any subject or subjects he could again appear at that or other subjects in the next semester, the choice of subjects being with the student. Thus a candidate can appear at the failed subjects in successive semester examinations and repeatedly.