VIKAS VERMA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, Vikas Verma, has passed 10 + 2 class by securing 65 per cent marks in 1991 and got admission in the Government Polytechnic, Ambala City, in 1992 and was placed in the merit list after undergoing the selection process laid down under the Rules. He got admission in Diploma course of Electrical and successfully completed the three semesters. The third semester was completed by him in Feb., 1994.

(2.) As averred in the writ petition, he secured 69 per cent marks in the first semester, 72.6 per cent marks in the second semester and 73.6 per cent marks in the third semester and stood first amongst his class-mates. During his 4th semester he fell ill and was short of five theory lectures, as a result of which he was denied right of examination for the 4th semester and promotion to the 5th semester by the Principal-respondent No3 on 21.6.1994. The petitioner along with his class-mates had gone on educational tour (extra-curricular activities) for two days i.e. on 22nd and 23rd Feb., 1994 with the permission of the Principal. This period of absence was to be counted as attendance in the time table for the purpose of counting attendance. Had this been done then the petitioner would have been short of only three lectures out of compulsory 65 per cent lectures. The petitioner was on sick leave for ten days and the benefit of counting of attendance for this period has not been given to him. It was further pleaded that four students of 4th semester i.e. Sarvshri Ajar Gupta Roll No.303/92, Arvind Bakshi Roll No.306/92, Neeraj Roll No331/92 aid Sanjay Kashyap Roll No.400/92, did not attend the classes from 8th June, 1994 to 15th June, 1994 and they fell short of lectures. The Secessional Committee constituted by the State Board of Technical Education analysed their performance and were not declared pass. They were later on allowed to appear in the 4th semester examination. The shortage of their lectures to the extent of 16 each in practical and theory have been condoned although these students did not have 65 per cent of the lectures to their credit without any leave counted for the purpose of attendance. It was also pleaded that the petitioner has been meted out with discriminatory treatment by the authorities concerned and in case of denial of promotion to the next semester the career of the petitioner will be spoiled and he will lose one year as the admission is done annually, and further after one year he will not be able to attend the classes for 5th semester in Government Polytechnic, Ambala City on account of the subjects different from those taught to the petitioner due to the introduction of Multi-Point Entry Scheme introduced in 1993-94 in Ambala. The petitioner met the concerned officials of the Directorate of Technical Education immediately after k was detained as submitted above for the condonation of the shortage of lectures but to no effect. The petitioner submitted his representation dated 9.7.1994 to the Principal and requested that he may be allowed to attend 5th semester but no action was taken by the Principal. Thus he sought the indulgence of this Court for issuance of a writ of Certiorari for quashing Annexure P-2 whereby his representation has been disposed of by the Principal, Government Polytechnic, Ambala City and k has been informed that his representation has been rejected for his failure to obtain 65 per cent attendance in theory prescribed in the examination Rule 4 Note (4).

(3.) After the amended writ petition was filed no written statement has been filed by the other side which shows that the averments made in the amended writ petition have not been controverted by the respondents.