y sn^r w R-fi'* WTsn^rwiN? 'S^ '^WM^VnSw'IG, Rl^iyi^< ^> *1Wdl *Mlcb 2-ogi^) "^t. 200S7 an'RT^ra^ (4<<f-i<i<{isr) TOnw^ifeTsii^r ct)i'afF<n<flTi^H^if ^f^i<ft Tfoi^K ^SlfiPTSII^I PETmON W.P.rCINd. fPR No. 1701/081/2008 ;hukla, Proyag at villq^e Roomgwa, near Air Strip, P.0. Balco Vs RESPONDBsn'S Nogar, 1. ihukla, cged 82 years. son of <ate Shri NOT'eyan Shukla, resident of Nand 609, Present: Mi". Sooinath Verma, Advocate Mr. Ajay Dwivedi, Dy. ©ovf.Ad' jtehsil and district Korba (Chhattisgarh) fTHe Principat/ Bhilai Institute of pechnology, Dur^, tehsil and district l&urg (C.&.5 ic Vice Chancellor, ChhattiS9CB-h Swami fivekanond Technical University, Durg ^.e.5 itate of aihattisgflrh, through the pecretary, department of Higher/ Technicai Coltege Educotion, Raipur (Chherttis9trh) For the petitioner. 'ocate for the respondent-Stote. OlfeAL ORDER 4l,stApril. 2008) Per Dhirendra Mishra. J: The petitioner by ^his petition under Articie 226 of the '- Constitution of India has in(pughed the communication of Annexure P-1 dated 10.3.2008 whereby r^spondent No.2 has infopmed the petitioner that he is not eligible for o((pearing in the annual examination of B.E. 4 Semester due to short of attendomce as per Section 7 of the Ordinance 311^1 ?iT fiilpi '?T2fT 3^?T sh*-ilch ^ 75^''<<Ni0<i, ®'J1«'Ko,ft^i'ay ^f <s-? ~2Ag>g, ^y TWTOT *NI* ---------------------^ 200 aiBRr ira^ ('yf^«i<jtr) WiraT^lfeTW^T -z' )earai|ce No.14 of University and the examination. Leamed counsel for th< incarcerated in jail in courl- of Chief Judicial under Seetion 302 of the looking to the outstanding Magistrate, Korba had direct^i the petitioner for his appearai( short' of attendance the univt petitioner to appear in the Having heard ieamed fact that the petitioner has examination in view of Sectionl and that learned counsel for the Ordinonce <& Statute of petitioner could be permitted deficiency in attendance, I an| any semblouice of statutory rig| In the result, the petiti be dismissed and it is hereby d( ther^fore, he cannot be peFmitted to appear in \ f thl^Td*ftTf *ir'ftff ^f,f^l&l <f;ai^i< ^aifinaii^r petitioner submits that the petitioner is conne4tion with Crime No.68/08 pending in the Magi^trdte, Korba for the offence punishable Ir<dian Penal Code. He further submits that ^eer of the petitioner, the Chief Judicial jd the jail authorities to provide facitity to in theexamination, however, because of univ|ersity has not granted permission to the exahiination. .{ codnsef ndtfceen +He for the petitioner and considering.the permitted to part-icipate in the final |7of the Ordinance No.14 of the university petitioner could not show any provision in |the university on the basis of which the |to appear in final examination even after of the opinion that the petitioner has no to seek relief, as proyed, in this petition. ()n has no substance, the same deserves to jsmissed. gfit F Sd/- pHIRENDRA MISISIA, Judge