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Allahabad High Court · body

2002 DIGILAW 538 (ALL)

MOHD. YAQUB v. VICE CHANCELLOR OF ALIGARH MUSLIM UNIVERSITY

2002-04-15

R.R.YADAV

body2002
R. R. YADAV, J. ( 1 ) HEARD the learned counsel for the petitioner, Sri M. A. Khan and Sri Dilip Gupta representing respondents. Perused the averments made in the writ petition. ( 2 ) THE instant writ petition is filed by the petitioner for issuing a writ of mandamus commanding respondents No. 2 and 3 to permit the petitioner to appear in B. Tech. Final Year Examination of the Year 2002 which has already started with effect from 4-4-2002. It is brought to my notice by the learned counsel representing respondents No. 2 and 3, Sri Dilip Gupta that the examination of three papers relating to B. Tech. Final Year Examination of Year 2002 in which the petitioner intends to appear has already completed. ( 3 ) HAVING heard the learned counsel for both sides. I am of the view that Aligarh Muslim University, Aligarh in order to maintain its academic excellence has prescribed 75% attendance for regular students. In the instant case, indisputably the petitioner was a regular student, therefore, he can be eligible to appear in B. Tech. Final Year Examination of the year 2002 provided he has undergone regular course of study in the University or an Institution maintained by it for the period specified in the Academic Ordinance of the University. ( 4 ) FOR ready reference the relevant Ordinance XVII of the Aligarh Muslim University, Aligarh is reproduced hereinbelow : chapter XVII examinations [ (Act 5 (3), 29 (f) 29 (g), 33 and Statute 5a (4) (1)]1. Examinations of the University, other than the Doctorate examination, shall be open to the following categories of candidates:- (a) regular students, i. e. candidates who have undergone a regular course of study in the University or an institution maintained by the University for a period specified for that course of study (b) private candidates as defined in Clause 4 below; (c) ex-students as defined in Clause 5 below. 2. A candidate shall be deemed to have undergone a regular course of study for the period specified for the course to be eligible to appear at the examination, if he has fulfilled requirements as given in the chart below. 245. 2. A candidate shall be deemed to have undergone a regular course of study for the period specified for the course to be eligible to appear at the examination, if he has fulfilled requirements as given in the chart below. 245. htm@@@ ( 5 ) FROM perusal of the aforesaid Ordinance it is crystal clear that Examinations of the University, other than the Doctorate examination shall be open to the categories of candidates enumerated therein provided a regular student has undergone a regular course of study in the University or an institution maintained by the University for a priod specified for that course of study. Under the aforesaid ordinance the petitioner is required to complete 75% combined attendance to appear in B. Tech. Examination. Indisputably from perusal of Paragraph 10 of the writ petition it is evident that the petitioner has completed only 56% attendance as a regular student upto February, 2002. ( 6 ) I am of the view that the respondents have committed no error in debarring the petitioner to appear in B. Tech. Examination, 2002 due to shortage of attendance. It is pertinent to observe here that neither the petitioner has laid foundation challenging the vires of statutory Academic Ordinance of the University quoted hereinabove nor the learned counsel for petitioner raised any argument in this regard questioning the vires of the said statutory Academic Ordinance of the University. It is held that aforesaid statutory Academic Ordinance prescribing 75% combined attendance in lectures and practical for regular students to appear in the examination of Engineering Course of study is just, fair and reasonable to achieve the laudable object of academic excellence of Engineers who happened to obtain degree of Engineering from Aligarh Muslim University, Aligarh. To my mind to maintain efficiency in Engineering Course of a study combined attendance of 75% is essential. In case on hand it is not disclosed what is percentage of attendance of the petitioner in lectures and what is percentage of his attendance in practical. It is to be imbibed by all of us that attending Universities itself is integral part of education and a student enhances his knowledge by mixing and interacting with Lecturers, Readers, Professors and his fellow students. The prescribed attendance in statutory Academic Ordinance has tendency to increase the healthy completion of learning amongst students of the University taking their course of studies with all seriousness. The prescribed attendance in statutory Academic Ordinance has tendency to increase the healthy completion of learning amongst students of the University taking their course of studies with all seriousness. ( 7 ) THERE is yet another reason to arrive at the aforesaid conclusion. In my considered opinion the Aligarh Muslim University, Aligarh is an autonomous Corporate Body and it is free to take statutory academic decision prescribing objective test of eligibility for regular students to appear in examinations. The decision taken by the University allowing some students to appear in the examination whereas debarring some one to appear in such examination is required to be founded on some objective test. In the Academic Ordinance the University has laid down objective test for regular students to appear in the Examination and according to objective test laid down in the Academic Ordinance of the University only those regular students who have undergone prescribed regular course of study in the University or in an Institution maintained by the University are entitled to appear in the Examination. The aforesaid statutory decision has been taken by the expert Academicians of Aligarh Muslim University who are well versed in educational matters and have expertise knowledge and experience in such matters. The Ordinance made by the University laying down objective test of 75% combined attendance for regular students in Engineering regular course of study does not require interference by this Court. The pragmatic decision taken by respondents Nos. 2 and 3 debarring the petitioners on the basis of statutory objective test of 75% combined attendance laid down in Chapter XVII of Ordinances on examination of Engineering Course of study to which category he belonged cannot be interfered with on the idealistic suggestion of learned counsel for petitioner taking lenient view to save the career of petitioner. It is held that where public interest is pitted against individual interest this Court would prefer public interest in comparison to individual interest. In the present case it goes without saying that after obtaining Engineering Degree from Aligarh Muslim University. Aligarh, the petitioner would engage himself in some employment, trade or calling affecting the lives of the public at large. To my mind lives of public at large is dearest in comparison to individual career of the petitioner based on inefficient learning in Engineering Course of study due to shortage of attendance. Aligarh, the petitioner would engage himself in some employment, trade or calling affecting the lives of the public at large. To my mind lives of public at large is dearest in comparison to individual career of the petitioner based on inefficient learning in Engineering Course of study due to shortage of attendance. ( 8 ) BOTTOM line argument of the learned counsel for the petitioner before this Court is that respondent No. 2 has permitted Firoj Anjum who obtained 60% attendance, Manish Varshney who obtained 59% attendance and Mohd. Javed Ansari who obtained 60% attendance upto February, 2002 whereas the petitioner who obtained 56% attendance upto February, 2002 is not allowed to appear in the aforesaid Examination. ( 9 ) SUFFICE is to say in this regard that the petitioner who has undergone a regular course of study of ony 56% is not comparable to the aforesaid regular students who have obtained 60% or 59% attendance and after February, 2002 they continued to attend the classes. This Court has reason to believe that they have completed 75% combined attendance, therefore, allowed to appear in the examination by respondents Nos. 2 and 3 and an argument contrary to it, as suggested by the learned counsel for the petitioner is not acceptable to me and it is hereby repelled. After close examination of the material available on record I have no hesitation to hold that the decision taken by respondents debarring the petitioner to appear in B. Tech. Final Year Examination of the Year 2002 due to shortage of his combined attendance is within the scope of authority conferred upon them under statutory Ordinance of examinations in various disciplines of learning in the University and it is also most reasonable for the reasons discussed hereinabove, I decline to issue a prerogative writ making the decision taken by respondents debarring the petitioner to appear in the B. Tech. Final Year Examination, 2002 due to shortage of his combined attendance to be ineffective. ( 10 ) IT is frankly conceded by the learned counsel for the petitioner that the petitioner has not made any allegation of mala fide against respondents Nos. 2 and 3. In absence of any allegation of mala fide against respondents Nos. 2 and 3, the argument raised by learned counsel for the petitioner that respondents Nos. 2 and 3 have practised discrimination with the petitioner does not arise. 2 and 3. In absence of any allegation of mala fide against respondents Nos. 2 and 3, the argument raised by learned counsel for the petitioner that respondents Nos. 2 and 3 have practised discrimination with the petitioner does not arise. It is well to remember that there is presumption that an act done by an authority is bona fide unless contrary is proved. In the present case the petitioner fails to prove contrary. ( 11 ) FOR the reasons what have been discussed hereinabove, no ground is made out for interference under Article 226 of the Constitution. ( 12 ) CONSEQUENTLY, the instant writ petition is hereby dismissed in limine. Petition dismissed. .