Arasada Jyothsna v. Jawaharlal Nehru Technological University

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.35357 OF 2018

O R D E R

The case of the petitioners, as per the affidavit filed in support of the writ petition is that they were admitted into Bachelor of Architecture in the 3rd and 4th respondent colleges which are affiliated to 1st respondent - Jawaharlal Nehru Technological University, Kakinada. The duration of the course is five years i.e., from 2015 to 2020, and presently they were permitted to attend fourth year classes. Their case is that they have not cleared all the subjects in II semester of 1st year. As they were not allowed to write the exams of 4th year, VII semester, on the ground they have not cleared the subjects in II semester of 1st year, the present writ petition is filed.

Learned counsel for the petitioners would submit that the respondents 3 and 4 - Colleges having permitted the petitioners to pursue 4th year, are not justified in denying them to write the VII semester examination of 4th year. Relying on Regulation 3(3) of the Minimum standards of Architectural Education Regulations, 1983, learned counsel submits that the first three academic years / six semester, is a basic standard course and promotion to 2nd and 3rd year courses of Bachelor of Architecture, is automatic and they cannot be detained. He submits that ignoring these Regulations, the 1st respondent - University, is not allowing the petitioners to write the VII semester examination of 4th year. Therefore, he seeks for a direction to the respondents to allow the petitioners to write the 4th year, VII semester examinations.

Sri T.Rajasekhar Rao, learned Standing Counsel appearing for the 1st respondent - University, submits that the petitioner is relying on the 1983 Regulations, but as per the promotion criteria under Regulation 11(ii) of the new Regulations of the year 2018, student has to fulfill the academic requirements of all the subjects of the 1st year. As the petitioners have admittedly back logs in the 1st year, they were not permitted to write the 4th year, VII semester examinations. Therefore, he seeks to dismiss the writ petition.

Promotion criteria under Clause (ii) of Regulation 11 of the new Regulations, is extracted as under for better appreciation: (ii) A student shall be promoted from 3rd to 4th year only if he / she fulfills the academic requirements of all the subjects of 1st year.

In the present case admittedly all the petitioners have back logs in the year 1st year. Therefore, contrary to promotion criteria under Regulation 11(ii), this court cannot grant any relief. However, it is open to the petitioners to make application to the respondents in respect of their grievance and the competent authority is directed to consider the same and take appropriate action in accordance with law.

With the above observation, writ petition is disposed of. Interlocutory applications pending, if any, shall stand closed. No costs.

------------------------------------------------------ A.RAJASHEKER REDDY,J DATE:08-10-2018 AVS