RAKESH TIWARI, J. ( 1 ) THE petitioner was admitted to Maharana Pratap engineering College, Kanpur which is a private college affiliated to Technical university, U. P. , Lucknow and is also on approved list of All India Council of technical Education (ACTE ). The petitioner was admitted in the college in b. Tech. course in Computer Science and Engineering for the session 2002-2003. ( 2 ) THE petitioner appeared in 1st and 2nd semester of 1st year examination, 3rd and 4th semester of 2nd year examination and 5th and 6th semester of 3rd year examination. His marks sheet upto 3rd year examination has already been issued to him but he has not been issued marks-sheet of 7th and 8th semester of 4th year examination so far. The petitioner has also submitted a representation in this regard. ( 3 ) IT is urged by the Counsel for petitioner that the petitioner has taken admission in MBA (IT) in Bhartiya Vidhapeeth Institute of Management research, New Delhi. He has been granted provisional admission subject to the condition that he submits marks-sheets by 7. 10. 2007. The marks sheet of the petitioner of 4th year i. e. 7th and 8th semester has not been given to him by the university on the ground that the petitioner had not cleared some carry over subjects and as such was not entitled to appear in subsequent examinations. ( 4 ) THE Counsel for the petitioner as well as Sri Neeraj Tiwari appearing for the respondent University, have relied upon Annexure-2 to the writ petition in support of their arguments which is a letter issued by Vice Chancellor dated 7. 3. 2006 which is as under:- "it has been debated in the meeting held on 7th March, 2006 that the students admitted in the year 2000 and year 2001 may suffer expiry of 7 years limit, if not permitted in 4th year 8th semester in 2006. Therefore, the benefit could be given to all such 1st year students who could not clear b. Tech. 1st year carryovers in more than 3 or 4 attempts by allowing them to attend their final year 2006 eight semester classes. Therefore institutions are requested to permit them to attend their 8th semester classes theory and practical both. Therefore, the benefit could be given to all such 1st year students who could not clear b. Tech. 1st year carryovers in more than 3 or 4 attempts by allowing them to attend their final year 2006 eight semester classes. Therefore institutions are requested to permit them to attend their 8th semester classes theory and practical both. Special compensatory classes may be held on sunday and holiday, so that they can attend and cover more than 80 and 70 days in the current semester. Students who have cleared 1st year carry over papers are also allowed to complete their 8th semester in the current session. The tuition and exam fees of the institution are University will be collected for session 2005-06 but not in 7th semester of 2006-07. The total 173 students could not pass their B. Tech 1st year carryovers as per record will also be permitted alongwith B. Tech 1st year carryover paper in summer classes on payment of Rs. 500/- per paper besides fooding and lodging will charged separately. The examination will be conducted immediately after 20 days of classes in summer vacation then arid there, these students have been permitted to appear in their left over carryover papers in the current semester to be held in May 2006. As narrated that this provision has been relaxed due to critical clause of B. Tech ordinance for year 2000 admitted students, the year of University establishment and relaxed for other existing students of similar kind of other admitted years, this is last opportunity for all these students to clear their carryover papers. Thus these students will complete 7th semester in 2006-07 but the result will be considered of 7th and 8th together (2006-07 ). " ( 5 ) ACCORDING to the Counsel for petitioner, the petitioner is entitled to appear in 4th year 8th semester examination and also to clear his back paper thereafter, whereas Counsel for the University contends that it is not so and the petitioner cannot appear in 4th year 8th semester examination till he clears his carryover papers. ( 6 ) IT appears from a close reading of aforesaid letter dated 7. 3. ( 6 ) IT appears from a close reading of aforesaid letter dated 7. 3. 2006 that after debate the Director and Principals of all the Colleges, it was resolved that benefits to appear in final year examinations should be given to all such 1st year students who could not clear B. Tech 1st year carry over earlier by allowing them to attend their year 2006 8th semester classes. The intention of the letter is further clear that statute has been relaxed for the students of year 2000 and existing students as well. It has also been decided in the meeting that all those students who had not been able to clear 1st year carryover papers have been permitted to appear in their left over/carry over papers in the current semester. ( 7 ) THUS, this letter does not make a distinction between the students who have failed and those who have not appeared for some reason in the examination. They have been allowed to carry over that paper of 1st year examination in the next semester or sessions and have been given facility to appear in 8th semester as well as in examination for carry over papers in the final year to both such students. Hence the petitioner could have appeared in the final year in this examination for carry over papers in view of the relaxation granted the petitioner has already appeared in the 8th semester examination carry over papers. ( 8 ) FOR the reasons stated above, the contention of the Counsel for the university is not acceptable. The writ petition is allowed. The U. P. Technical university is directed to issue mark-sheets of the petitioner within ten days of production of certified copy of this order if he has passed in the carry over papers and the final year examination, otherwise he may be accordingly informed within the period of ten days allowed for issuing him mark-sheet. Petition Allowed. .