Shaik Saida Saheb v. Registrar, Osmania University
2012-10-17
C.V.NAGARJUNA REDDY
body2012
DigiLaw.ai
Judgment This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in refusing to issue Provisional Certificate in the LLB (Five Year Degree Course) to the petitioner. The brief facts leading to the filing of this Writ Petition are stated hereunder: The petitioner has joined the aforesaid Course in respondent No.1-University in the year 2005-06. As he could not pass the requisite number of subjects in the First Year, he was detained. However, it is not in dispute that he has cleared all the backlogs during the detention period and was, accordingly, re-admitted into LLB Second Year in respondent No.3-College during the academic year 2007-08. Subsequently, the petitioner has completed his Course and passed all the subjects. When the petitioner applied for Provisional Certificate, the same was denied to him on the ground that he has not passed the LLB First Year subjects according to the revised syllabus. Feeling aggrieved by this action, the petitioner filed this Writ Petition. On behalf of the respondents, the In-charge Registrar has filed a counter-affidavit wherein it is inter alia averred that the petitioner was detained in the First Year as he could not pass the requisite papers and that he was re-admitted into LLB Second Year during the academic year 2007-08 after completion of the First Year subjects. It is further averred that whenever the syllabus is revised in a particular year, two supplementary examinations immediately following thereafter shall be conducted according to the old syllabus and the candidates not appearing at the examinations or failing in them shall take the examination subsequently according to the changed syllabus. On the admitted facts of this case, the above-quoted rule in the counter-affidavit clearly works to the advantage of the petitioner, for he cleared all the failed subjects of First Year during the year 2006-07 and accordingly, he was re-admitted in LLB Second Year in the academic year 2007-08. In order to insist on a student to write examinations as per the new syllabus, the student should have either not appeared in the next two examinations immediately following the revision of the new syllabus or failed therein. Admittedly, the petitioner has passed the subjects, in which he has earlier failed, within the permissible attempts.
In order to insist on a student to write examinations as per the new syllabus, the student should have either not appeared in the next two examinations immediately following the revision of the new syllabus or failed therein. Admittedly, the petitioner has passed the subjects, in which he has earlier failed, within the permissible attempts. Therefore, in my opinion, there is absolutely no justification for the respondents to insist on the petitioner to write the LLB First Year examinations afresh according to the new syllabus. There is one other angle from which this issue needs to be considered. The petitioner was promoted to the Second Year on his clearing off the First Year subjects. Having been promoted to the Second Year, the petitioner is, therefore, under no obligation to once again write the First Year examinations. Such an insistence, in my opinion, is wholly irrational and illogical. For the above mentioned reasons, the respondents are directed to issue Provisional Certificate to the petitioner without insisting on his writing LLB First Year examinations once over. The Writ Petition is, accordingly, allowed. As a sequel, WPMP.No.23778 of 2012, filed by the petitioner, for interim relief, is disposed of as infructuous.