UNIVERSITY OF JAMMU Vs. JANSHRUTI MEHTA

JUDGEMENT

(1.) THE dispute in these two letters patent appeals being common, they were heard together and are disposed of by this common order. Before referring to the nature of dispute the facts of the cases may, briefly, be stated.

(2.) WRIT petition, OWP no. 915/2003 giving rise to LPA (OW) no. 102/2004, was filed by respondent Janshruti Mehta seeking direction upon the University of Jammu and its officials, appellants herein, to admit him to the eighth semester of the Bachelor of Engineering (Mechanical) course and allow him to attend the classes provisionally on condition that he should pass the examination of the seventh and eighth semesters. His case is that he was admitted to the Bachelor of Engineering (Mechanical) Course in the Government College of Engineering and Technology, Jammu on the basis of a competitive examination conducted by the Competent Authority in the year 1999. He passed six semesters without any Ëœre -appearâ„¢ in any subject and joined the seventh semester. The examination of the seventh semester was scheduled to commence on 29th August, 2003. On 24th August, 2003 he met with an accident and sustained serious injuries. He was admitted to the Government Medical College Hospital, Jammu and then shifted to Dr. Karam Singh Memorial Orthopaedic Hospital and Research Centre, Amritsar where he was operated upon. He remained in the said Hospital as an indoor patient from 25th August, 2003 to 31st August, 2003. On discharge he was advised bed rest for two months. On 16th September, 2003 he submitted an application to the Registrar of the University seeking permission to join the eighth semester course. Along with the application he submitted certificates issued by the Hospital. On reference the hospital confirmed the incident and the Principal, Government College of Engineering and Technology, Jammu recommended that the statute which bars admission of a student to the next higher semester be relaxed. Despite recommendation of the Principal, the University authorities did not permit the respondent to join the eighth semester and in the circumstances he approached this Court seeking the aforementioned reliefs.

(3.) BY an interim order dated 15th November, 2003 the respondent was allowed to attend the classes of eighth semester. By another interim order dated 4th March, 2004 he was permitted to appear in the examination of the eighth semester.