LAWS(P&H)-1990-5-159

VIDHAN CHANDRA Vs. PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA

Decided On May 11, 1990
VIDHAN CHANDRA Appellant
V/S
PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA Respondents

JUDGEMENT

(1.) The facts, briefly stated, in this Writ Petition are that the petitioner joined the Bachelor of Veterinary Science and Animal Husbandry Under Graduate Course being conducted by the respondent-University in the Session 1987-88. He failed to make the grade in the 1st Trimester. The petitioner was registered in terms of Regulation 7.62 of the Trimester Rules (hereinafter referred to as the Rules). The 2nd Trimester had to be cancelled because the students remained on strike. The petitioner joined the 3rd Trimester, but failed to make the grade. However, he was allowed to join the 1st Trimester of the second year in Session 1988-89. The petitioner did not take the examination of the 1st Trimester in the Session 1988-89, as he claimed to have fallen ill. The petitioner applied for dropping from the Trimester on account of his illness. The petitioner was instead dropping from the Course under Regulation 7.64(b) having failed in the third Trimester. The only claim put forth by the petitioner is that he could have been dropped either at the end of the 3rd Trimester or of the end of 6th Trimester and not at the end of any three trimesters.

(2.) For the reasons recorded in Letters Patent Appeal No. 1576 of 1989, since we are of the view that the petitioner could have been dropped only at the end of 3rd Trimester, and he having not been so dropped at the end of the 3rd Trimester could not have been dropped in the 1st Trimester of the second year. In view of the peculiar facts and circumstances of the case, as the petitioner has miserably failed to make the grades as shown in the written statement, the ends of justice would be met if the petitioner is allowed to petition for re-admission in terms of Regulation 7.64. We order accordingly.

(3.) The Writ Petition is allowed. No costs.