IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.2218 of 1998 Between: B.Kiran Kumar, S/o.B.Tirupathi Rao, R/o.H.No.6-3-7/2,Opp:Government Degree College, Bank Colony, Khammam Town & District. ..... PETITIONER AND 1 The Registrar, Nagarjuna University, Nagarjunasagar, Guntur PO & Dist. 522 510 2 The Principal, Nagarjuna University College, Nagarjunanagar Guntur District. 522510 3 The Controller of Examination, Nargarjuna University , Nagarjunanagar, Guntur District 522 510 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue Writ of Mandamus, declaring the rule out of the Common Rules for all Courses of Regular Study, made by the Nagarjuna University which limits the eligibility for award of I Class to candidates who pass the course (M.Sc. in relation to the petitioner) within there academic years from the date of joining the course, and the action of the 2nd respondent in not awarding I Class M.Sc.Degree to the petitioner, though the petitioner secured 62% in the aggregate as arbitrary and illegal, unjust, unfair and unreasonable, discriminatory and opposed to the principles of natural justice and violative of Articles 14, 19 and 21 of Constitution of India (as the petitioner is entitled can pray for such a declaration from his Hon'ble Court only) and issue a consequential direction to the respondents to award ﬁrst class M.Sc degree to the petitioner and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI S.UDAYACHALA RAO & MUJIB KUMAR S. Counsel for the Respondents: MR.T.S.HARNATH The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.2218 of 1998 ORDER: The petitioner was admitted to M.Sc., (Chemistry) course during the academic year 1992 – 1993. The course duration is two academic years. Allegedly, due to ill health and domestic problems, he could not complete the course within two years, and he took four years for completion of the course. In the ﬁnal examinations he, statedly, secured 746 marks out of 1200 marks, but he was awarded second class. He made representations on three occasions, in vain. He, therefore, ﬁled an application/objection before the District Consumer Forum, Khammam. Learned Forum did not entertain the same, and therefore, he filed the instant writ petition. The contention of the petitioner is that when he has secured more than 60% of the marks, awarding second class instead of ﬁrst class is arbitrary and illegal, and the common rules for regular course of study are therefore, to that extent, arbitrary and unsustainable. This Court heard learned Counsel Sri K.Narasimhulu, representing the learned Counsel for the petitioner. This Court also heard learned Standing Counsel for the respondent - University, Sri Mantha Srinivasa Rao, who submits that the petitioner was admitted to M.Sc., course during the year 1992 – 1993 and he was bound by the rules and regulations provided in the students handbook, which provide that a person, who completes the Post Graduation course beyond the period of three years would be awarded only second class, and that he is not eligible for ﬁrst class. The relevant common rules for all courses of regular study for the year 1992 - 1993 read as under. The candidates for post graduate course shall complete their respective course within ﬁve academic years from the date of joining the course. No candidate who fails to pass all the papers during this period shall be permitted to take any further examination after that time. The candidates for post graduate courses shall be eligible for ﬁrst or second class only if they pass the course (through examinations) within three academic years from the date of joining the course. The candidates who pass the course beyond this period shall be awarded only II or III class as the case may be. The above rule is very clear and there is no inﬁrmity in the respondent – University awarding only second class. However, the petitioner relies on Regulation No.VII of the rules and regulations relating to M.Sc., degree examination. He has not placed before this Court any authentic copy of the same, which provides that a candidate of M.Sc., (Chemistry) shall be eligible for ﬁrst class, if he completes course within four academic years. When there is a variance between the common rules and special rules for M.Sc., it is incumbent on the part of the petitioner to produce rules before the Court and seek relief. He did not do so. Therefore, this Court is convinced that the University acted in accordance with common rules and petitioner admittedly took four years for completing M.Sc., course. There is nothing wrong in awarding only second class. The Writ Petition is, therefore, dismissed. No costs. _____________ (V.V.S.RAO, J) 16.10.2008 vs To 1 The Registrar, Nagarjuna University, Nagarjunasagar, Guntur PO & Dist. 522 510 2 The Principal, Nagarjuna University College, Nagarjunanagar Guntur District. 522510 3 The Controller of Examination, Nargarjuna University , Nagarjunanagar, Guntur District 522 510 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{KKG}