IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16632 of 2008 Between: 1 B. Bhanuchander S/o. B. Poornachandra Rao R/o. H.No.D-7/76, DAE Colony, ECIL (Post), Hyderabad-62. 2 B. Mohan Rao S/o. B. Sanjeeva Rao R/o. Plot No.6, Road No.5, Trimmurthy Colony, Mahindra Hills, Secunderabad- 25. 3 J. Sampath S/o. Venkataiah R/o.1-9-129/29/D/47, Ramnagar, Hyderabad-48. 4 B. Sunitha D/o. B. Parandhamaiah R/o.H.No.3-3-61/A, Flat NO.102, Mounika Apartments, Bagh Ameeri, Kukatpally, Hyderabad-72. 5 K. Asish S/o. K. Suresh R/o.H.No.1-8-66, Plot No.45, Jawahar Nagar Colony, Penderghast Road, Secuderabad. 6 K. Anvesh S/o. K. Hanumantha Rao R/o.H.No.3-28, Kopparthi Camp (V), Bodan (M), Nizamabad District. 7 A.S.R. Saikumar S/o. A.V. Rama Rao R/o.H.No.16-11-15/18, Saleemnagar, Malakpet, Hyderabad-36. 8 B.A. Arun Kumar S/o. B.B. Ashik Kumar R/o. H.No.3-2-353, Swamy Vivekananda Street, Secunderabad. 9 K. Yellaiah S/o. K. Subbaiah R/o. H.No.422, Chilamakur(V), Yarraguntla (M), Kadapa District. 10 D. Naresh S/o. D. Krishna R/o. H.No.3-4-63/13/G, Aravind Nagar, Ramanthapur, Hyderabad. 11 B. Dhiraj Kumar S/o. B. Venkata Swamy R/o. H.No. 2-8-714, Bhavani Nagar, Hanumakonda, Warangal District. 12 K. Akhil Kumar S/o. K. Yadagiri R/o. H.No.1-9-763/3, Revenue Colony-II, Basith Nagar, Hanumakonda, Warangal District. 13 U. Lakshamanna S/o. U. Timappa R/o. H.No.1-278, N. Gundla Palli (V) (Post), Beluguppam (M), Ananthapur District. 14 D.R. Krishnamraju S/o. D.L. Ramaswamy R/o. H.No.9-91/9, Ashok Nagar, Boduppal, Hyderabad-39. ..... PETITIONERS AND Jawaharlal Nehru Technological University, Kukatpally, Hyderabad, rep. by its Registrar. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent / University in detaining the petitioners by applying the latest Rules and Regulations as arbitrary, illegal and quite contrary to law and consequently direct the respondent / university to promote the petitioners to B.Tech III Course taking into consideration the credits fo 42 as per the Rules and Regulations that were in vogue at the time of their admission and as has been done in respect of their immediate senior students. Counsel for the Petitioners: MR.M.C.ACHARYULU Counsel for the Respondent: MR.K.RATHANGA PANI REDDY The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are 14 in number, assailing the action of the respondent-University in not promoting them to B.Tech. 3rd year course on the ground that they have not secured 42 credits. 2. The petitioners admitted into B.Tech. decree course in the year 2006-2007 under R05 Regulation. They are not promoted to 1st semester of 3rd year B.Tech course on the ground that they had not secured 42 credits. To understand the grievance of the petitioners, I deem it appropriate to refer paras.10 and 11 of the writ affidavit and they are thus: “10. It is submitted that till date a student must get 42 credits to be eligible for promotion to the I semester of III year B.Tech. course from the following examinations i.e., two regular and one supplementary examination of I year and one regular and one supplementary examination of I semester of II year and one regular examination of II semester of II year. It is submitted that all of sudden from the academic year 2007-2008 number of credits have been enhanced to 56 from the above said examinations. It is submitted that on representation made by the students the respondent University issued clarification saying that 42 credits without taking into consideration the credits that the student got from the II semester examination of the II year and if it is taken into consideration total credits must be 56. 11. It is submitted that the petitioners are admitted into the B.Tech. Course from the academic year 2006-2007 and the rules and regulations that are existing as on the date of their admission shall be admissible and the subsequent rules and regulations can not made applicable to them abruptly and in any case it will effect their career. It is submitted looking from any view the action of the Respondent University is unjust and the interference of this Hon’ble Court is necessary in the interest of justice. Under the above circumstances and in the interest of justice it is just and necessary that this Hon’ble Court may be pleased to grant interim directions directing the Respondent/University to follow the Rules and Regulations that were in force as on the date of admission of the petitioners into B.Tech. Course in so far as their promotion to III year B.Tech. course is concerned as other wise the petitioners will loose one academic year and thereby will suffer serious loss and great hardship.” 3. Learned standing counsel for JNTU received notice on behalf of the respondent University and filed counter-affidavit. Dr.K.Lal Kishore, Registrar, JNTU, Kukatpally, Hyderabad, has sworn to the counter-affidavit. It is stated in the counter-affidavit that as per the Academic Regulations 2005-2006 the petitioners have to secure 42 credits and as per the academic regulations 2002-2003 which was extended by way of a concession under the University proceedings No.DE/E3/JNTU/B.Tech.Course/Concession in promotion/ Dt.30.06.2008. 4. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the respondent-University. 5. Learned counsel appearing for the petitioners submits that the credits system is not in vogue on the date of the petitioners joining in the course and therefore, that credits system cannot be adopted for promotion of the petitioners from 2nd year to 3rd year engineering course. 6. Learned Standing Counsel appearing for the respondent-university submits that an errata came to be issued to the prospectus of B.Tech. IV years degree course and therefore, the petitioners cannot complain of the introduction of credits system in the examinations. Learned Standing Counsel placed on record the errata to the points No.4 and 7 of the Academic Regulation 2005 for B.Tech. (Regular) Degree course, which reads as hereunder: “ERRATA TO THE POINTS No.4 AND 7 4. Credits: I year Semester Periods/week Credits Periods/week Credits Theory 03 06 04 04 02 04 -- -- 04 08 -- -- Practicals 03 04 03 02 Practicals/Drawing 0606 0808 06 04 Mini Project 02 Seminar 02 Project 12 7. Minimum Academic Requirements: The following academic requirements have to be satisfied in addition to the attendance requirements mentioned in item No.6. i. A student shall be deemed to have satisfied the minimum academic requirements and earned the credits allotted to each theory or practical design or drawing subject or project if he secures not less than 35% of marks in the end examination and a minimum of 40% of marks in the sum total of the internal evaluation and end examination taken together. ii. A student shall be promoted from II to III year only if he fulfils the academic requirement of 42 credits from one regular and one supplementary examinations of I year, and one regular examinations of II year I semester irrespective of whether the candidate takes the examination or not. iii. A student shall be promoted from third year to fourth year only if he fulfils the academic requirements of total 70 credits from the following examinations, whether the candidate takes the examinations or not. a. Two regular and two supplementary examinations of I year. b. Two regular and one supplementary examinations of II year I semester. c. One regular and one supplementary examinations of II year II semester. d. One regular examination of III year I semester. iv. A student shall register and put up minimum attendance in all 224 credits and earn the 216 credits. Marks obtained in the best 216 credits shall be considered for the calculation of percentage of marks. v. Students who fail to earn 216 credits as indicated in the course structure including compulsory subjects as indicated in Table-1 within eight academic years from the year of their admission shall forfeit their seat in B.Tech. course and their admission shall stand cancelled.” 7. Indisputably, the credit system came to be introduced by the time the petitioners admitted to the course. Therefore, the petitioners cannot be permitted to contend that the credit system is not applicable to them. The respondent-University issued proceedings No.DE/E3/JNTU/B.Tech.Course/Concessions in Promotion, dated 30.06.2008, as to how the credits are to be taken into consideration for the students who admitted under RO5 regulations during 2005-2006 academic year. A concession has also been given to them in case they secured 56 credits for promotion to III B.Tech. I semster under old regulations. Relevant portion of the said proceedings with regard to the accrual of the credits for admission from II year to III B.Tech. I semester is as follows: “(a) For Regular students who are admitted under R05 regulations during 2005-2006 academic year: i. Consideration of the credits earned in the following examinations, so as to fulfill the requirement of 42 credits for promotion to III B.Tech. I semester; 1. 3 regular and 2 supplementary examinations of 1 year 2. 2 regular and 2 supplementary examinations of II year I sem. OR Consideration of the credits earned in the following examinations, so as to fulfill the requirement of 56 credits for promotion to III B.Tech. I semester: 1. 3 regular and 2 supplementary examinations of 1 year; 2. 2 regular and 2 supplementary examinations of II year I sem. 3. 2 regular and 1 supplementary examinations of II year II sem. ii. Consideration of the credits earned in the following examinations, so as to fulfill the requirement of 70 credits for promotion to IV B.Tech. I semester. a. 3 regular and 2 supplementary examinations of 1 year; b. 2 regular and 2 supplementary examinations of II year I sem. c. 2 regular and 1 supplementary examinations of II year II sem. d. 1 regular and 1 supplementary examinations of III year I sem.” A plain reading of the above referred proceeding indicates that a student admitted under RO5 Regulations is eligible for promotion from II year to I semester of III year B.Tech. course in case he secures 42 credits in the 3 regular and 2 supplementary examinations of I year and 2 regular and 2 supplementary examinations of II year I semester. It is also stated in the above referred circular that a candidate who secures 56 credits is also eligible for promotion from II year to I semester of III year B.Tech. course. 56 credits are arrived at by taking into consideration 3 regular and 2 supplementary examinations of I year and 2 regular and 2 supplementary examinations of II year I semester and 2 regular and 1 supplementary examinations of II Year II Semester. 8. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondent University to follow the procedure adopted in the proceedings No.DE/E3/JNTU/B.Tech. Course/Concessions in promotion, dated 30.06.2008 and consider the case of the petitioners and if they have the required number of credits, they shall be promoted to I semester of III Year B.Tech. course. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:12th August, 2008. cs ..... 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