WPMS/1984/2017
2023 Latest Caselaw 827 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 1926 of 2017
                                  with
                                  WPMS No. 1922 of 2017
                                  WPMS No. 1928 of 2017
                                  WPMS No. 1929 of 2017
                                  WPMS No. 1984 of 2017
                                  WPMS No. 2032 of 2017
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Shobhit Joshi, Advocate, holding brief of Mr. Ashish Joshi, Advocate for the petitioner.

Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Shubhang Dobhal, Advocate for the respondents.

Heard learned counsel for the parties. Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 1926 of 2017 alone are being considered.

Learned counsel appearing for petitioners submitted that he has no instructions in the matter.

By means of this Writ Petition, petitioner has sought the following reliefs:-

"I. Issue a writ, order or direction in the nature of certiorari quashing the external examination system implemented by the university in the academic year 2016-17 after calling the record from the university by which the petitioner has been decaled dropped and directed to clear the 1st year again.

II. Issue a writ, order or direction in the nature of mandamus directing the respondents to award the marks on the basis of earlier examination system.

III. Issue a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to clear the courses/papers in which he is declared fail as per the old system.

IV. Issue a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to take admission in the 3rd semester of 2nd year of B. Tech in Bio Technology."

Petitioner had taken admission in B. Tech. Course during academic session 2016-17. The B. Tech. Course is of four years duration. In this writ petition, petitioner has challenged the external examination system introduced by G.B. Pant, University of Agriculture & Technology, during Academic Session 2016-17. As per the new system, any student, who failed in more than two subjects, would be required to reappear in the examination for that year.

Since petitioner had failed in three subjects, therefore, petitioner was asked to repeat in the first year.

Co-ordinate Bench of this Court, by an interim order, directed the University to permit petitioner to take admission in next semester. Pursuant to the said interim order, petitioner was given admission, and now, he has completed B. Tech. Course.

In such view of the matter, the reliefs as claimed, do not survive.

Accordingly, writ petitions are dismissed as infructuous.

(Manoj Kumar Tiwari, J.) 27.03.2023 Navin