Samir Kumar vs Principal Allahabad Polytechnic Allahabad & Anr.

D.K. Seth, J.—It appears that notices were served on 20th October 1981. A perusal of the notices reveals that the same were correctly addressed and sufficiently stamped. In view of the proviso lo subrule (2) of Rule 19A of Order V. the said service is accepted.

The petitioner was admitted to four years Diploma Course in Mechanical Engineering in the year 197576. The petitioner passed the First Year Examination in 1976. He was detained in the Session 197576 due to shortage of attendance. In the Session 197778, he was readmitted in the II Year and passed IInd year in 1978. The petitioner passed Hind Year Examination in 197879 Session in the year 1979. He was again detained in the Session 197980. According to the learned counsel for the petitioner, the petitioner should have been readmitted in the Session 198081 in the IV Year but the said readmission was not granted to him when applied. It is against this refusal of readmission the present writ petition was moved. By order dated 6th March, 1981 passed in the present writ petition, the petitioner was permitted to appear provisionally in the IV Year Diploma Course. By means of a supplementary affidavit filed today, the petitioner contends that pursuant to the said permission, the petitioner had completed the course and appeared in the Final Examination and thereafter his result has also been declared and certificate has also been issued.

The learned counsel for the petitioner draws my attention to the relevant rules for admission which is quoted below:

"A candidate shall be allowed only one chance to appear as a regular candidate to pass the First/Second/Third/Final Year examination subject to the provision that one more chance to appear as a regular candidate in a class may be given due to shortage in attendance or sessional marks or cancellation of the examination for having used unfair means or due to illness."

The said rule provides one more chance to appear as a regular candidate in a class may be given due to shortage of attendance. The expression ''in a class'' cannot be interpreted to mean the whole course. The ''class'' means the classes mentioned in which a candidate is required to pass, namely, I, II, III and final year. A class comes to an end as soon the duration of the class is over. Class for the first year is for the period of First Year and similarly all classes are controlled by the unit of the years First, Second, Third and Final. Therefore, readmission is permissible once in every and each class. Therefore, refusal to readmit in the final year in the present case is contrary to the said Rules.

Therefore, the permission granted provisionally becomes a rightful admission in �iew of the interpretation of the Rules as above. Since the petitioner has completed the course and has passed the same and his result has been declared and certificate has been issued, it appears that he is entitled to be so declared and have such certificate of passing the whole course of Diploma, as the case maybe.

This writ petition thus stands disposed of. There will, however, be no order as to costs.