BILAL AH. WANI Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) IN view of the urgency involved in this case as projected by learned counsel for the petitioner on 16th March 2009 that the examination for 7th Semester of BE course is to start from 19th March, it was deemed appropriate to issue notice to Mr. Kawoosa, standing counsel for the University of Kashmir. Mr. Kawoosa appears on behalf of respondent 1 & 2 and submits that he does not want to file the objection at this stage but would like to argue the case on its merits.

(2.) LEARNED counsel for the petitioner in the writ petition has sought writ of mandamus to declare the impugned statute 15 of the university governing the candidates admitted to four years BE course as unconstitutional being violative by Article 15 & 16. Learned counsel has further prayed for issuance of writ of mandamus to command the respondents to allow the petitioner to appear in the 7th Semester Examination of BE course to be held from 19th March 2009. The grounds for maintaining this petition have been detailed out in the writ petition, which inter alia provide that statute 15 of the university of Kashmir is unconstitutional as respondents are not conducting the supplementary examination in BE course after the result of previous semester are declared, as is being done for other professional course like MBBS, BUMS & MBA. It is further submitted that if petitioners are not allowed to appear in the 7th Semester Examination they have to wait for one year, thus, losing one year of their academic career. Statute 15 of the university of Kashmir governs the process of conducting of examination and is reproduced as under:

(3.) HEARD learned counsel for the parties and considered the matter.