IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 41 of 2010 Date of Decision: 29.1.2010. Kapil --Petitioner Versus Vice Chancellor, M.D.U. Rohtak and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Pankaj Midha, Advocate for the petitioner. Mr. Anurag Goyal, Advocate for respondents no.1 & 2. Mr. Arun Gupta, Advocate for respondent no.3. *** PERMOD KOHLI.J (ORAL) Reply has been filed on behalf of respondent-university as also respondent no.3-Lingaya's Institute. I have heard learned counsel for the parties. The petitioner is a student of B.Tech. 3rd year in EEE branch in the respondent no.3-institute. The petitioner met with an accident while driving a motor cycle on 28.7.2009. It is stated that the petitioner remained under treatment for quite some time and thus could not attend the classes for three months from August, 2009 to October, 2009. On account of shortage of attendance, petitioner was not permitted to attend the classes of 6th semester, though, fee for sitting in the 6th semester has been paid. It is also admitted position that the petitioner could not appear in the 5th semester examination on account of shortage of attendance. Petitioner has filed this petition seeking a direction to allow him to appear in the remaining papers of the 5th semester which were to commence on 8.1.2010 and also in the practicals. In absence of any interim order by this Court the petitioner could CWP. No. 41 of 2010 -2- not appear in the 5th semester examintion. At this stage learned counsel for the petitioner submits that the petitioner may be permitted to attend the classes of 6th semester and in the meantime, he will appear in 5th semester examination in accordance with the university regulations. In the reply filed by the university the ordinance governing the examination of B.E and B.Tech is reproduced. For admission to 6th semester the following ordinance is in vogue:- “ 6th Sem. Onwards Passed all papers of semester 1st & 2nd Examinations OR Passed 50% papers each semester 1st, 2nd, 3rd, 4th, & 5th examinations. OR Passed 2/3 papers of semester 1st, 2nd , 3rd, 4th & 5th examinations taken together.” The petitioner can join 6th semester only, if, he falls in any of the three categories mentioned in the aforesaid ordinance. Learned counsel for the petitioner submits that he has cleared all the papers of semesters 1st and 2nd. In that eventuality, the petitioner is eligible. There is nothing on record to show that the petitioner has cleared all the papers of 1st and 2nd semester. University will, accordingly, permit the petitioner to attend the classes of 6th semester, if, the petitioner has complied with any of the conditions stipulated in the ordinance, referred to above. Petition stands disposed of. (PERMOD KOHLI) JUDGE 29.1.2010. lucky