GAGANDEEP SINGH Vs. UNIVERSITY OF JAMMU AND OTHERS

JUDGEMENT

(1.) With consent of the parties, the matter is heard finally.

(2.) In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the decision taken by the respondents not to allow the petitioner to appear in the 2nd Semester Examination of M.Sc. Geology in the year 2016 on account of short attendance. The petitioner also seeks a writ of mandamus to the respondents to allow the petitioner to appear in the examination commencing from 20.07.2016 as notified vide notification dated 30.05.2016.

(3.) Facts giving rise to the filing of writ petition briefly stated are that the petitioner had taken admission in M.Sc. Geology in the year 2015-16 in Post Graduation Department of University of Jammu. The petitioner had cleared his 1st Semester Examination on 10.03.2016, however, the petitioner unfortunately met with an accident near Dhariwal while on his way to Golden Temple on 06.05.2016. The petitioner was shifted to a hospital namely Abrol Super Specialty Hospital Gurdaspur and first information report was also lodged with regard to incident which has been annexed as Annexure-B with the writ petition. On 10.05.2016, the petitioner was shifted to Dr. Hardas Singh Orthopaedic Hospital and Super Specialty Research Center, Amritsar and thereafter an operation was conducted and the petitioner was discharged on 14.05.2016 with proper advice for complete bed rest. A certificate dated 29.06.2016 issued by the Medical Superintendent of the Hospital has been annexed as Annexure-C. Before his accident, the petitioner had cleared his papers of 1st Semester of M. Sc. Geolgoy but has also appeared in Internal Assessment and Minor Assignment-I and I, which is necessary for appearance in the Final Examination in the Second Semester. The petitioner on account of accident and due to reasons beyond his control attended 55 lectures out of 103 lectures. Therefore, the petitioner could not attend the lecturers from 04.05.2016 till the end of the session. The petitioner was thereafter informed that he will not be allowed to appear in the 2nd Semester examination. The petitioner thereupon approached respondent No.3 along with representation but when the representation of the petitioner failed to evoke any response, the petitioner has approached this Court by filing writ petition in which bench of this Court vide order dated 19.07.2010 permitted the petitioner to appear in the 2nd Semester of M.S.c. Geology Examination for the Academic Session 2015-2016 provisionally and further directed that the result of the petitioner shall not be declared without leave of this court.