Case Note & Summary
The petitioner, a student of engineering at Yeshwantrao Chavan College of Engineering, Nagpur, was granted provisional admission to the Fourth Year (comprising 7th and 8th semesters) on 6.6.2012. She had backlog subjects from the 3rd and 4th semesters. She appeared for the revaluation of those subjects, and the results were declared on 1.12.2012 and 8.12.2012, showing that she had cleared the backlogs. However, the University (Rashtrasant Tukdoji Maharaj Nagpur University) refused to permit her to appear for the 7th semester examination, presumably on the ground that the backlogs were cleared after the commencement of the 7th semester. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that she is entitled to appear for the 7th semester examination. The court, after hearing the parties, noted that the petitioner had cleared all backlog subjects before the 7th semester examination and that the provisional admission was granted. The court held that the petitioner is entitled to appear for the 7th semester examination and directed the University to permit her to do so. The judgment was delivered by a division bench of B.P. Dharmadhikari and A.B. Chaudhari, JJ., on 9th April 2013.
Headnote
A) University Law - Revaluation - Backlog Clearance - Ordinance 134 - Petitioner cleared backlog of 3rd and 4th semester subjects through revaluation results declared on 1.12.2012 and 8.12.2012, after being granted provisional admission to 4th year on 6.6.2012 - University denied permission to appear for 7th semester examination - Court held that since the petitioner cleared all backlogs before the 7th semester examination, she is entitled to appear - University directed to permit her to appear for 7th semester examination (Paras 1-5).
Issue of Consideration
Whether a student who cleared backlog subjects through revaluation after the commencement of the next semester is entitled to appear for the 7th semester examination.
Final Decision
The court allowed the petition and directed the University to permit the petitioner to appear for the 7th semester examination.
Law Points
- Article 226 of the Constitution of India
- University Ordinance
- Revaluation
- Backlog
- Provisional Admission
Case Details
2013 LawText (BOM) (04) 104
WRIT PETITION NO.6353 OF 2012
B.P. Dharmadhikari, A.B. Chaudhari
Ms. R.R. Inamdar for Petitioner, Shri P.B. Patil for Respondent No.1, Shri P.D. Meghe for Respondent No.2
Ku. Renu D/o Murlidhar Makde
Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur; Yeshwantrao Chavan College of Engineering, Nagpur
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to permit petitioner to appear for 7th semester examination.
Remedy Sought
Declaration that petitioner is entitled to appear for 7th semester examination in engineering course after clearing backlog subjects through revaluation.
Filing Reason
University refused to permit petitioner to appear for 7th semester examination despite her clearing backlog subjects through revaluation.
Previous Decisions
Petitioner was granted provisional admission to Fourth Year (7th and 8th semesters) on 6.6.2012. Revaluation results declared on 1.12.2012 and 8.12.2012 cleared backlogs.
Issues
Whether the petitioner is entitled to appear for the 7th semester examination after clearing backlog subjects through revaluation results declared after the commencement of the semester.
Submissions/Arguments
Petitioner argued that she cleared all backlog subjects before the 7th semester examination and should be permitted to appear.
Respondents opposed, presumably on the ground that backlogs were cleared after the start of the 7th semester.
Ratio Decidendi
A student who clears backlog subjects through revaluation before the examination of the current semester is entitled to appear for that examination, even if the revaluation results are declared after the commencement of the semester.
Judgment Excerpts
By this petition filed under Article 226 of the Constitution of India, the petitioner student seeks declaration that she is entitled to appear for 7th Semester Examination in the course of Engineering in view of clearing of backlog of 3rd and 4th Semester subjects in Summer Examination 2012, as per the result of the revaluation declared on 8.12.2012 and 1.12.2012.
It is not in dispute that respondent No.2 College, gave her provisional admission to Fourth Year of Engineering, which comprised of 7th and 8th Semesters, on 6.6.2012.
Procedural History
Petitioner filed writ petition under Article 226 of the Constitution of India on 6.6.2012 after being granted provisional admission. Revaluation results declared on 1.12.2012 and 8.12.2012. University refused permission to appear for 7th semester examination. Petition heard and decided on 9.4.2013.
Acts & Sections
- Constitution of India: Article 226
