IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14140 of 2006 Between: G. Mahesh S/o M. Bheemalinganna R/o F 206, Nandi towers, Balaji Complex, Nandyal, Kurnool District ..... PETITIONER AND 1 Osmania University Hyderabad rep by Registrar 2 The Deccan College of Engineering & Technology Darus-Salam, Nampally, Hyderabad rep by Principal .....RESPONDENTS 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 of Mandamus or any other appropriate Writ, or Writs, order or direction, declaring the action of the Respondents in not promoting the petitioner to IV year B.E. Course (Production Engineering) as illegal and arbitrary, by setting aside the impugned proceedings dt 17-8-2004 in NO. 1987/M/503/Acad/2004 onthe file of the first respondent, and to consequently direct the first Respondent to forthwith consider the case of the petitioner for completing his B.E Course as per decision of standing Committee of academic senate of first Respondent University; Award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.N.SRIDHAR REDDY Counsel for the Respondent No.1: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: This writ petition has been filed by G.Mahesh assailing the action of the respondents in not extending the benefit of the decision of the Standing Committee of the Academic Senate with regard to the extension of two years period apart from double the period of the course to complete the back logs. 2. The petitioner joined in four years engineering course (B.E. Mechanical) with specialization in Production Engineering in the Deccan College of Engineering & Technology, Darus-Salam, Nampally, Hyderabad-2nd respondent, which is affiliated to Osmania University, Hyderabad-1st respondent. He completed the 1st year course in January, 1997 and promoted to 2nd year course. He was detained in the 2nd year since there were 11 backlog subjects. He was promoted to 3rd year in the year 2000. He was detained on the ground of his having 13 backlog subjects. In November, 2003, he completed 7 out of 13 backlog subjects and thereby 7 back log subjects remained. He was eligible to be promoted to 4th year. However, the respondents have not promoted him to the 4th year on the ground that 8 years period prescribed for completion of the course had been expired by the year 2003. He made an application to the 2nd respondent-College in the year 2004 for promoting him to 4th year. The same was forwarded by the 2nd respondent-College to the 1st respondent-University. By order, dated 17.08.2004 in No.1987/M/503/Acad/2004, the 1st respondent-University rejected the proposal sent by the 2nd respondent-College. Hence, the said rejection is under challenge in this writ petition. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st respondent. 4. Learned counsel appearing for the petitioner submits that the period for completion of the course permitted to the candidates had been extended by two more years by the Standing Committee of the Academic Senate of the 1st respondent-University and therefore, the petitioner is entitled to claim that benefit. 5. Per contra, the learned Standing Counsel appearing for the 1st respondent-University submits that the petitioner has not studied 4th year and therefore, the question of his claiming the benefit under the decision taken by the Standing Committee of the Academic Senate of the 1st respondent-University does not arise. 6. Indisputably, the petitioner has not studied 4th year. Therefore, the petitioner cannot claim the benefit granted by the Standing Committee of the Academic Senate of the 1st respondent-University. 7. Accordingly, the writ petition is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:23rd July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}