UNIVERSITY OF KASHMIR Vs. STATE

JUDGEMENT

(1.) GRIEVANCE of appellant is against order of single judge dated August 5,1998, whereby direction has been issued to the University to re -examine, the petitioner for Physiology paper A {Theory) keeping her other papers and practical intact and allow her to continue to prosecute her studies in the final/ Pre -final classes without treating the same as second attempt. According to Shri R. Bazaz, learned counsel for the University, the relaxation granted by the court in favour of the petitioner runs counter to the rules, Therefore, such a direction cannot be given. Moreover, cases referred to by the petitioner are not similar, therefore, no assistance can be sought therefrom. We are in complete agreement with the contentions advanced by the learned counsel for the Appellant. Appellant cannot be directed to do something which is contrary to the rules governing the facts of the case. In case the re -examination amounts to second attempt as per laws of the Appellant, Court cannot relax the same since no such power is vested in it. It is well settled that in educational matters, interferes e of the court has to be minimium confined to those cases where the action is against statute, arbitrary or malafide, otherwise academic matters should be left to the experts in the field.

(2.) SHRI Zahoor A. Shah brought to our notice a Single Bench decision and contended that in a similar case, this kind of direction has been given But we do not subscrible to the contention of Shri Zahoor A. Shah. Firstly, the decision is per -incuriam. Secondly it is extraordinary in the sense that said direction cannot legally be issued by the court defeating the provisions of law as said above Similar is our view with respect to other examples cited before us by Shri Zahoor A. Shah. Consequently, we find merit in this Appeal and the same is allowed. Decision of Single Judge is set aside so far it directs the Appellant not to treat the examination as second attempt.