JANSHRUTI MEHTA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) PETITIONER a student of Bachelor of Engineering Course (Mechanical) of Government College of Engineering and Technology, Jammu ,has been constrained to approach this court to seek a direction for pursuing his further studies in the Engineering Course to which he has been admitted through the competitive examination . Petitioner came to be admitted to the Bachelor of Engineering Course in the Mechanical Engineering through competitive examination conducted by the competent authority in the year 1999. He successfully passed six semesters without any re -appear in any paper of the subject and attended the course of study for the 7th semester. The examination for the 7th semester was scheduled to be held on 29.8.2003. Unfortunately, the petitioner met with an accident on 24.8.2003 and sustained serious injuries. He was admitted in Government Medical College , Jammu in serious condition from -where he was shifted to Dr. Karam Singh Memorial Arthopedic Hospital and Research Centre , Amritsar, where he was operated upon and remained admitted as indoor patient from 25.8.2003 to 31.8.2003. On discharge, he was advised bed rest for two months. Petitioner placed on record the discharge slip from Dr. Karam Singh Memorial Arthopedic Hospital and Research Centre, Amritsar as also the certificate dated 15.9.2003 from the said institute. It was on account of the aforesaid circumstances that the petitioner was prevented from appearing in the 7th semester examination. After recovery, petitioner made representation dated 16.9.2003 to the Registrar, University of Jammu for permission to sit in the 8th Semester Course, in view of the circumstances mentioned above. The representation of the petitioner was forwarded to the Principal Government College of Engineering and Technology, Jammu for his remarks, who vide his communication dated 20.8.2003, confirmed the circumstances that prevented the petitioner from appearing in 7th semester examination. It was conveyed by the Principal that situation in the case of the student is an exceptional one which was beyond his control. Accordingly Principal recommended to relax Statutes 12.1 and 12.2 in case of the petitioner by invoking the provision of Statute -17 governing the degree of Bachelor of Engineering. It appears that despite this recommendation, the University Authority did not permit the petitioner to attend the 8th semester classes and the petitioner approached this court through the medium of present petition.

(2.) VIDE interim order dated 15.11.2003, petitioner was permitted to sit and attend the classes of 8th semester. Subsequently vide another order dated 04.3.2004, he was permitted to participate in the examination for 8th semester.

(3.) THE University in its reply to the writ petition, relied upon Statute 12.1, which is reproduced as under: "12.1 If a candidate has after attending the course of studies in the College, appeared in any semester examination and failed in one or more Courses for that examination, he can re -appear for such courses at subsequent examination (s) without attending a fresh course of studies for that semester in the college. Such a candidate may, in the meantime, prosecute his studies for the next semester (s) and appear in the examination(s) for the same alongwith the examination for the lower semester (s). Provided that a candidate shall not be allowed to attend classes and appear in the semester examination (s) mentioned in column(s) unless he/she has passed 50% of the theory courses in semesters mentioned in column(b) below: (a) (b) 5th Semester Ist to 3rd Semesters 6th Semester Ist to 4th Semesters 7th Semester Ist to 5th Semesters 8th Semester Ist to 6th Semesters Provided further that a candidate shall not be allowed to attend classes in the next higher semesters unless he has appeared in the examination of immediate preceding semester."