UNIVERSITY OF JODHPUR Vs. ALOK GOYAL

JUDGEMENT

(1.) THIS letters patent appeal is directed against the order of a learned Single Judge of this Court dated 7 -3 -1986.

(2.) THE petitioner look admission in the B.E. Course on October 30, 1981 and appeared in the First Year Examination held in June 1982 but failed in two subjects and did not obtain 45% marks aggregate. He was not promoted to Second Year B. E. and was not allowed to keep terms He approached this Court by filing writ petition No. 484 of 1983 and under the orders of the court he was granted admission to Second Year B.E. provisionally and to take up the examination of Second Year B.E. with the facility to clear the papers of First Year B.E. The make up examination of First Year B.E was held in April 1983. The petitioner was declared passed in the First Year make -up examination on 24 -8 -1983 1 -9 -1983. The petitioner appeared in the Second Year B.E. examination held in October 1983 but failed. The Second Year Special examination of 1984 was not taken up by the petitioner. In November 1984, the petitioner took the examination of Second Year B.E. in which he failed in two units but obtained 45% marks in aggregate. In view of the decision of their Lordships of the Supreme Court in Kamlesh Khatri's case, the writ petition was dismissed. But it was ordered that the petitioner will be allowed to take advantage in pursuance of the interim order passed by this Couat. Against the order passed in a similar writ petition, the University preferred a special appeal No. 40 of 1985 University of Jodhpur v. Madendra Kewalia 1985 WLN (UC) 31. After the decision of that appeal the University passed an order dated March 4, 1985 and it was stated in that order that the petitioner has not passed the Second Year B.E. Examination, so he is entitled to appear as an Ex. Student in the Second Year B.E. Examination. The petitioner approached this court for clarificalion and this application was disposed of on 6 -3 -1985. Thereafter the University passed a fresh order dated 30 -3 -1985 wherein it was stated that as the petitioner has not passed the Second Year B. E. Examination in the year 1984, therefore, he can appear as an Ex -student in the Second Year B. E. Examination. This order dated 30 -3 -1983 was challenged by filing the present writ petition. The learned Single Judge after hearing both the parties quashed the order of the University dated 30 -3 -1985 and held that the petitioner is entitled to the benefit of A.T.K.T. and to keep terms under Clause 11 of the syllabus for Second Year B. E. Examination. Aggrieved against this order, the present appeal has been filed by the University,

(3.) WE have gone through the order of the learned Single Judge and we are wholly in agreement with the view expressed by learned Single Judge. Once the petitioner has passed the First Year B.E. Examination may be by keeping terms he has qualified for Second Year B.E. Examination and has appeared in the Second Year B. E. Examination then it will be a futile exercise to turn back and say that clause 6 of the Syllabus has not been complied with Clause 6 reads as under: