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Judgment
Arun Tandon, J.—Petitioner Kanhaiya Lal, who was student of B.A.-III year in the Session 1977-98 of the Allahabad University, could not under take the said examination because of reasons beyond his control namely mental ailment. After expiry of more than 5 years, there petitioner moved an application for being re- admitted in B.A.-III year. The application for re-admission in B.A.-III year has been rejected by the University. Hence the present writ petition.
On behalf of the respondent it has been stated that under Chapter XXXV of the University Ordinance re-admission can be granted under Clause l(ii), which reads as follows :
"Clause l.(ii) Provides that a student can appear in subsequent examination within five years following the year in which he failed last or failed to appear."
In view of the aforesaid statutory provisions, it cannot be disputed that the petitioner is not entitled for re-admission in B.A.-III year in the year 2004 as more than 5 years have been lapsed, since he failed to appear in the B.A.III year examination held in the year 1998.
On behalf of the petitioner, however, it is contended that the aforesaid provisions can be applied in normal circumstances and since the petitioner had been suffering from mental ailment, which is an exceptional circumstance, the aforesaid provision cannot be said to be attracted.
It is not for this Court to direct the University to lay down rules for regulating the admission of the students. The University is the competent authority for the said purpose. Since in the Ordinance framed by the University there is no provision for any relaxation being granted in exceptional cases of hardship, this Court under Article 226 of the Constitution of India cannot provide for the same.
In view of the aforesaid, writ petition stands dismissed. Interim order, if any stand discharged.