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Judgment
R. H. Zaidi, J.—Petitioners, who were students of 1st year of Bachelor of Veterinary Science and Animal Husbandry course in the College of Veterinary Science and Animal Husbandry, Mathura Campus, Mathura, (hereinafter referred to as the College) have filed this petition under Article 226 of the Constitution of India. They pray for issuance of a writ, order or direction in the nature of mandamus directing the respondents to readmit them in the said course and to treat them as students of 1st year of Bachelor of Veterinary Science and Animal Husbandry in the said College.
It was in the year 1993 that the petitioners appeared in combined PreVeterinary test for admission in the said course for the academic session 199495. Petitioners have qualified the said test and were selected for admission in the said course. They were thereafter vide letter/order dated 2241994, asked to take admission in the College, which is affiliated to Chandra Shekhar Azad University of Agriculture and Technology, Kanpur. Petitioners deposited the requisite fee and also fulfilled the other formalities of the admission, in consequence thereof, they were admitted in the said course and their names were, also entered in the attendance register. Petitioners unfortunately fell seriously ill and could recover from the aliment in the month of June, 1995 ; but since then .they could not attend the classes and also could not appear in the said examination of the said course. Their attendance were also stated to be short. On 2981985, petitioners approached respondent No. 2 for their readmission in the said course to winch they were legally entitled as the practice in vogue in the College was 10 permit the students in the next year, who could not for any valid reason appear in the examination, but they were illegally not permitted to continue their studies they were as such compelled to approach this Court for the above mentioned reliefs.
On behalf of the respondents, counter affidavit have been filed, in which it hat not been disputed that names of the petitioners were entered in the attendance register, but it has been asserted that petitioners remained absent from the classes throughout the academic years. They were as such not entitled to be readmitted. Along with the counter affidavit a Resolution of the Admission Committee, dated 2771995 has also been filed, whereby it was resolved that the students of the said course, who have not appeared in the examination could appear in the examination on the conditions laid down in Rule 5(b) of Regulation for Conduct of Examination. The petitioners have also challenged the validity of the said Resolution by means of an amendment application.
In this case, since necessary affidavits have already been exchanged between the parties, I have heard learned counsel for the parties finally.
From the material on record, it transpires that Hari Om Umrao, Sri Ram and Vinod Kumar Rai, who were also similarly situated as the petitioners were, have been permitted to continue their studies. The question for consideration in the present case is as to whether the petitioners in the circumstances stated above, should be permitted to continue their studies as students of the said course.
Under the provisions of U. P. (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam), 1958 (U. P. Act XLV of 1958) hereinafter referred to as the Act, the academic Regulation and the Regulations for conduct of the examination for faculty of Veterinary Science and Animal Husbandry have been framed, which have been approved by the Academic Council. Chapter II of Academic Regulations provides for admission. Regulation 2.16 reads as under :
2.16. "Submission of document.In order to register himself as a student of the University, a candidate finally selected for admission to a particular course, at the time of admission has to :
(i) pay necessary fees as may be prescribed or required for the purpose;
(ii) submit transfer certificate from the Institution last attended.
(iii) submit migration certificate or eligibility certificate as the case may be, from the University from which he came along with all other documents as may be required for the purpose :
Provided, however, that student passing Intermediate examination from the Board of High School and Intermediate Education, U. P. and joining the University direct, need not submit any migration or eligibility certificate.
(iv) Certificate of physical fitness from the Medical Officer of the University."
Petitioners in the writ petition have stated that the documents, which were required to be submitted, were submitted by them. The said assertion made by the petitioners has not been seriously contested by the respondents inasmuch as it has been pointed out in the f counter affidavit that any particular document, which was required t be submitted, was not submitted. It has been admitted ''that the names of the petitioners were entered in the attendance register. The entry of the names of the petitioners in the attendance register indicates that all formalities of the admission were fulfilled by them, otherwise their names should not have been entered in the attendance register.
Admittedly, petitioners did not attend the classes for the academic year 199495, but the question is whether they are still entitled to continue their studies. Regulation 5(a) and (b) and 11 (a) and (d) of Regulation for conduct of examination referred to above, provide as under :
Bachelor of Vety. S. C. and A. H. (a). A candidate, who after passing the Intermediate Examination in Science or the Intermediate Examination in Agriculture of the Board of High School and Intermediate Education U. P. with Physics, Chemistry (including Organic Chemistry and Biology or of an Indian University or Board incorporated by any law for the time being in force with the same group of subjects as mentioned above of any other examination recognised by the University as equivalent thereto, has attended a regular course of study of the College of Veterinary Science and Animal Husbandary, Mathura for one academic year, shall be eligible for appearing at the First B. V. Sc. and A. H. Examination.
(b) A candidate who fails to pass the first B. V. Sc. and A. H. Examination within a period of two consecutive years, shall not be allowed to continue his studies in the University. Nonappearance at the University examination will be considered as failure for this purpose.
(a) A candidate ^who has failed in one are more subjects at the first B. V. Sc. and A. H. Examination, may at his option which he has failed or whole, provided however, he passes in all the subjects prescribed for the examination in four consecutive examination hold within a period of two consecutive years (Main and Supplementary Examination) including examination at which he first appeared, provided that if he fails to pass the examination within a period of two consecutive years, he shall not be allowed to continue his studies at the University. Nonappearance at the University Examination will be considered as a failure for this purpose.
(b) ����.
(c) ����.
(d) Nonappearance at an examination during any of the period of two years shall be deemed as a failure to pass the examination.
Along with the counter affidavit, a copy of Resolution dated 2271975 passed by Admission Committee, has been filed which reads as under :
199394
199596
From a combined reading of the aforesaid Regulations and the Resolution passed by the Admission Committee referred to above, it is apparent that the students admitted in the said course are entitled to make two attempts in 1st B. V. Sc. and A. H. course within two consecutive years and nonappearance at any examination during any of the period of two years is deemed to be failure to pass the examination. Petitioners, admittedly, did not appear in the examination held in the year 199495, therefore, they shall be deemed to have failed to pass the said examination and were thus entitled to make another attempt in the academic year 199596. The Admission Committee itself in the Resolution dated 2271995 referred to above, clearly indicated that such students were entitled to make second attempt and to appear in the said examination of the said course, but they shall be deemed to have failed in the first attempt. In view of the aforesaid facts, there was no justification for the respondents not to permit the petitioners to make second attempt and to appear in the 1st year of Bachelor of Veterinary Science and Animal Husbandry''s examination. The petitioners were legally entitled to be permitted to appear in the examination of the said course.
Learned counsel for contesting respondent next contended that the petitioners did not get themselves enrolled and registered as provided under Chapter III of Academic Regulation. They were as such not entitled to be permitted to continue their studies in the said course. It was also contended that since the petitioners did not attend the classes in the academic sessions 199495, they were also not entitled to continue their studies 00 account of shortage of attendance.
Learned counsel for petitioner in reply submitted that the Chapter III of Academic Regulation will have no application in the instant case inasmuch as the petitioners were admitted in the year 199394 when Animal Examination system was in vogue, therefore, there was no question of applicability of the provision relating to th� semester system.
In the beginning of Chapter III of Academic Regulation it has specifically been stated that the said Chapter was applicable to the students admitted to the semester only. The title of the said Chapter is reproduced below :
"CHAPTER III
Enrolment, Registration and Continuance
(Applicable to students admitted under semester only)."
The semester system was introduced vide Veterinary Council of India''s Notification dated 721994. In the present case petitioners were admitted in the year 1993 when as stated above, the annual examination system was in vogue, therefore, the provision of Chapter 111 of Academic Regulation referred to above, will have no application in the present case petitioners are entitled to complete their course of 1st year Bachelor of Veterinary Science and Animal Husbandry in accordance with the annual examination system.
In view of the resolution of the Admission Committee dated 2271995, it was not necessary for this Court to issue any direction but since there is nothing on record to show that the said recommendation was accepted by the University and in the counter affidavit, the respondents have denied the claim of the petitioners to avoid any doubt or dispute, 1 allow the writ petition in part and direct the respondents to treat the petitioners as students of 1st year of Bachelor of Veterinary Science and Animal Husbandry, Mathura and to permit them to appear in the examination of the said course after permitting them to fulfil the formalities of the same. No order as to costs.