KAMLESH KUMAR KHATRI Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) Against the order dated December 2, 1982 of the learned single Judge by which he dismissed the writ petition summarily, the appellant Kamlesh Kumar, who will here in after be referred to as 'the petitioner' has filed this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949.

(2.) It will be proper to notice relevant facts leading to this appeal in order to appreciate the points that have been canvassed by the learned Counsel for the parties before us.

(3.) The petitioner was admitted in Bachalor of Engineering First Annual Scheme Examination in the academic year 1980-81 in mines. He did not secure the requisite marks in Chemistry-I subject in First B.E. Annual Examination. He was, however, allowed to keep term in the next higher class i.e. Second Year B.E. He cleared the subject Chemistry-I on account of which he was allowed to keep terms. In the Second BE. Examination, the petitioner failed to secure the minimum marks in papers Chemistry-III, Civil Engineering, Mechanical Engineering ,and Electrical Engineering. He was declared to have failed as is clear from the statement of marks Obtained at the B.E. Second (Annual Scheme) Examination, 1982 (Anx. 1). He was not allowed to keep terms in the next higher class i.e. Third B.E. in respect of the aforesaid four papers. The petitioner also did not secure 45% marks in aggregate. He, therefore, filed the writ petition under Article 226 of the Constitution on November 11,1982 seeking the reliefs that it may be declared that the petitioner is entitled to keep term as per para/Clause 11 of the Syllabus 1981-82 relating to Bachelor of Engineering Five Year Integrated Course (I and II B.E.) (for short 'the Syllabus' herein) and the University of Jodhpur ('the University' hereinafter) be directed to allow the petitioner the benefit of para 11 and to grant him admission in Third B.E. and also permit him to appear in the papers in which he has failed to obtain minimum marks in Second B.E. main Examination.