PRAVIN SHARMA Vs. SIKKIM UNIVERSITY

JUDGEMENT

(1.) The two petitioners before this court are students pursuing BA (Honours) degree in the respondent no.2 college under the respondent no.1 University. While Pravin Sharma is pursuing Sociology (Honours), Praveen Basnet is pursuing Political Science (Honours).

(2.) While the petitioners were in the 3rd semester they were expelled on 19/2/2021 by the respondent no.2. Four students including the petitioners who were expelled challenged the expulsion orders before this court. On 14/12/2021 this court set aside the expulsion orders. However, the two petitioners are once again before this court. They seek to challenge the communication dtd. 16/2/2022 issued by the respondent no.1 to the respondent no.2. The petitioners also seek a direction upon the respondents to allow them to sit for the 6th semester and classes as well as clear the backlogs of the previous semester examinations.

(3.) Counter affidavits have been filed by the respondents. The respondent no.1 states that the petitioners could not appear for the 3rd and 4th semester examinations or attend lectures for the 4th semester on account of being under expulsion. It is also stated that when the judgment dtd. 14/12/2021 was pronounced by this court the courses of the subsequent 5th semester had already commenced from 30/8/2021 and major part of 5th semester syllabus was also complete before the expulsion was set aside. As the petitioners had not attended their course from the 5th semester, they were allowed readmission as regular student from the next upcoming 4th semester in the subsequent even session, 2022 to be held from 18/4/2022 to 28/7/2022. However, the petitioners rejoined from the then ongoing 5th semester with their batchmates which had already commenced from 30/8/2021 and attended classes of the said semester from 10/2/2022 till 28/2/2022. According to the respondent no.1 this was in consonance with the University Ordinance, Syllabus and Regulations on Conduct of Examination. The respondent no.1 submits that a reading of the relevant Regulations makes it clear that all students must compulsorily attend each of the stipulated number of lectures as regular students in order to fulfill the requirements for award of degree.