SHEIKH TALAT MUSTAFA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THE petitioner is a student of B.E. Electronic and Communication of Model Institute of Engineering and Technology, Jammu, which is affiliated with the University of Jammu. He was registered with the aforesaid Institution in the year 2004. His grievance in this petition is that he has not been permitted to appear in the 7th semester examination which was to be commenced from 07.02.2008.

(2.) IN order to understand the controversy involved in this writ petition, the interpretation of Statute 12.1 of the University Statute as also impact of Notification dated 12.12.2007 on the said statue is required to be analyzed by this court. For facility of reference statute 12.1 is quoted herein below: -

(3.) PERUSAL of the above statute reveals that a person who has 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 and he can be permitted to prosecute his studies for next semester (s) and appear in the examination(s) for the same along with examination for the lower semester(s). There is a rider imposed in the said statute which states that a person will not be permitted to appear in the subsequent examination unless he has passed 50% of the theory courses in the semesters mentioned therein. In other words permission in Ist to 4th semester would be automatic even if he has not qualified the 50% requirement. This rider applies only when one is sitting in the 5th semester. It is necessary that he should have passed 50% courses from Ist to 3rd semester. There is another proviso attached to the statute that a candidate will not be allowed in the next higher semester unless he has appeared in the examination of immediate preceding semester.