LAWS(J&K)-2004-9-23

SANDEEP SINGH Vs. UNIVERSITY OF JAMMU

Decided On September 24, 2004
SANDEEP SINGH Appellant
V/S
UNIVERSITY OF JAMMU Respondents

JUDGEMENT

(1.) PETITIONERS are students of Bachelor Degree Course of Computer Application (BCA) admitted to Sant Rocha Singh Degree College, Nanak Nagar, Jammu, which is one of the affiliated colleges to University of Jammu.

(2.) ALL the petitioners could not qualify all the papers of Ist Year BCA and accordingly were placed in re -appear category in different subjects as per the details given in para 3 of the writ petition, wherein the roll numbers allotted to the petitioners have also been indicated. Consequent upon their failure in the subjects they were denied admission to 2nd year BCA course. All the petitioners claims to have applied for re -evaluation of the subjects in which they have been placed in the re -appear category as averred in the writ petition. The applications were submitted within the prescribed time and fee for the purpose already stand deposited. The University authorities have not permitted re -evaluation of the papers. Being denied the re -evaluation of the papers, the petitioners have filed the present writ petition seeking two -fold prayer in the nature of mandamus (i) a direction to re -evaluate the papers in respect to the subject(s) they have applied for (i) to introduce the carry on/ semester system for the BCA Course on the analogy of other professional degree courses like LLB; MBBS; BE etc. and consequently to issue direction to the respondents to admit the petitioners in 2nd year course of BCA.

(3.) WITH a view to establish their right seeking the afore -said directions, the petitioners have placed on record copies of application form for re -valuation of answer book; receipt for payment of Rs 1100/ - as re -evaluation fee and mark -sheet issued by the university on re -valuation of paper of one Deepak Hakeem and a mark -sheet of re -evaluation of one Sanjeev Suri issued by the University of Jammu. Petitioners have also placed on record a Notification regarding adoption of the statutes governing the Degree of Bachelor of Engineering and Appendix of governing the Colleges of Engineering for Academic Calendar for the same course as also Information Brochure to demonstrate that semester system has been adopted by the University of Jammu in respect to various courses of study. Based upon the afore -said documents, it is stated that in the year 2001 and 2002 the University of Jammu allowed re -evaluation of papers in the course of BCA. However, the same benefit is being denied to the petitioner herein.