UNIVERSITY OF KASHMIR Vs. FAHEEM NISSAR

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent has been preferred by the University of Kashmir and its officer challenging the interim order dated 27.10.2011 passed by the learned Single Judge while disposing of CMP no. 2249/2011. According to the directions, the writ petitioner-respondents have been allowed to appear in the 6th Semester examination of Bachelor of Engineering course at their own risk and responsibility. However, their result was not to be declared. The order of the learned Single Judge dated 27.10.2011 was stayed by this Court on 18.11.2011.

(2.) BRIEF facts of the case are that two students- respondent nos. 1 and 2 filed OWP no. 1423/2011 in this Court claiming that the provisions of Statute 15 of the University Calendar issued by the appellant-University is liable to be declared ultra vires. According to Statute 15, if a student has backlog in 4 papers in preceding two semesters i.e. 4th and 5th semester, than such a student would not be eligible to appear in 6th Semester examination. It has remained undisputed that respondent nos. 1 and 2 had backlog attracting the provisions of Statute 15 which make them ineligible to appear in 6th Semester examination. However, the learned Single Judge permitted them to appear subject to condition that their result was not to be declared.

(3.) HAVING heard the learned counsel and perusing the memo of appeal, we are of the considered view that this appeal merits acceptance.