WPMS/2580/2020
2021 Latest Caselaw 4442 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
     ON THE 8TH DAY OF NOVEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2580 of 2020

BETWEEN:

Shri Sudhir Mohan & another.               .......Petitioners
     (By Mr. Yogesh Pant, Advocate)

AND:
All India Council
for Technical Education                 ........Respondents
     (By Mr. Yogesh Kumar Pacholiya, Advocate)


                       JUDGMENT

Petitioners pursued B.Tech. Course through distance mode from a deemed university, namely, Institute of Advanced Studies in Education (Deemed University), Rajasthan.

2. Since the B.Tech degree awarded through distance mode by deemed to be university was declared to be invalid by Hon'ble Apex Court, therefore, pursuant to direction issued by Hon'ble Apex Court, petitioners appeared in a qualifying examination conducted by A.I.C.T.E. in December, 2018. Both the petitioners have scored 39.76 marks in the said qualifying examination, which is less than minimum pass marks of 40%.

3. In this writ petition, petitioners have prayed that they be declared pass in the qualifying examination by rounding off their marks.

4. Learned counsel for the petitioners has placed reliance upon a judgment rendered by Hon'ble Himachal Pradesh High Court in the case of Kanhya Lal Sharma v. All India Council for Technical Education, reported in 2019 SCC OnLine HP 2937.

5.          Having          regard         to     the         facts   and
circumstances         of    the    case,    the      writ petition is

disposed of with liberty to petitioners to make representation(s) to Competent Authority in All India Council for Technical Education. If such representation(s) is made by the petitioners within two weeks from today, decision thereupon shall be taken within eight weeks from the date of receipt of representation(s) along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin