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1995 DIGILAW 650 (KAR)

ZULFKAR KHAN v. VICE-CHANCELLOR, GULBARGA UNIVERSITY

1995-12-19

G.C.BHARUKA

body1995
G. C. BHARUKA, J. ( 1 ) THERE are five petitioners in these writ petitions. They are all students of bachelor of engineering course (in short, 'b. e. degree course') pursuing their studies in the respondent colleges which are affiliated with the respondent gulbarga university. They had been admitted to the said course either during or prior to the academic year 1990-91. ( 2 ) TILL the academic year 1991-92 respondent university was conducting 4 years annual b. e. course under the ordinance and regulations framed and enforced by it from the academic year 1981-82. In the first year of the course, which is common to all the engineering branches, there are 14 subjects (theory 8 papers and practical 6 papers ). Similarly in each of the succeeding three years there are 12 subjects comprised of 8 theory papers and 4 practicals. In academic common parlance these subjects are also called 'heads'. Therefore, in the entire course of 4 years, the students of engineering have to study and pass examinations in 50 heads. ( 3 ) CLAUSES 7, 8, 9 and 10 of the ordinance pertaining to b. e. annual course provides for eligibility of a candidate to go over to the next higher class. These clauses read as under:"07. A candidate shall not be eligible to keep terms for the next higher classes unless he completely passes the previous year examination. 08. Notwithstanding anything contained in 07 a student who has passed separately at least 50% of the theory (theory-term works) and 50% of the practical subjects (term works and practical oral and sketching) of the previous year is allowed to keep terms for the next higher class. However, his/her result of the next class will not be declared unless he/she clears the remaining subjects of the previous year. 09. a candidate is allowed to keep under terms for shall not be permitted to keep terms for unless he/she has passed remaining subjects of b. e. (second year engineering) 08 b. e. third year engineering b. e. (first year engineering) b. e. 08 b. e. b. e. (second year engineering)10. A candidate shall pass first year engineering examination within 5 consecutive attempts, within 3 years from the date of admission to the first year, failing which he shall not be permitted to continue the engineering course in the university". A candidate shall pass first year engineering examination within 5 consecutive attempts, within 3 years from the date of admission to the first year, failing which he shall not be permitted to continue the engineering course in the university". ( 4 ) FROM regulation 8 of the regulations noticed above it is clear that a candidate who has failed in 4 heads of theory papers and three heads of practicals in first year b. e. course can go over to or keep term for the second year b. e. , but his result of second year b. e. cannot be declared unless he has passed in all subjects of first year. Similarly, if he passes upto 4 theory subjects and 2 practicals in second year b. e. becomes eligible for continuing his course in third year b. e. but again subject to the condition that his result cannot be declared unless he has passed in all the subjects of second year. The same has to be the process for going over to fourth year b. e. course and passing the examination subject to the exceptions and limitations contained in clauses 9 and 10 of the ordinance. This system of permitting candidates to appear at the next higher class despite failing in some of the subjects of the previous year/s appears to be popularly known in academic circles of the university as 'carry over system'. ( 5 ) IN the present writ petitions, keeping in view certain developments in the academic curriculum of the university and other developments factual and legal, petitioners have come up before this court with a prayer that the respondent university should be directed by issuance of appropriate writ/orders to permit the petitioners to complete their annual b. e. course by providing 100% carry over of all failed subjects, meaning thereby that even if the candidates have failed in all the subjects in a given year or years, still they should be allowed to pursue their course in the next higher class without impediment or restriction. In other words, the prayer in substance is that if a candidate has failed in all the subjects in first year, second year and third year totalling 38 heads, still it should be declared by this court under its writ jurisdiction that he is entitled to be permitted to prosecute his course of fourth year b. e. ( 6 ) IN the said background, before proceeding further to dwell upon the legal issues raised, it will be appropriate to set out certain relevant facts pertaining to the present five petitioners which are these: