HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29245 of 2014 Date:19.11.2014 Between:
A.Ranadheer, S/o A.Kotaiah . Petitioner And:
Jawaharlal Nehru Technological University, Hyderabad, reptd by its Registrar and another.
. Respondents Counsel for the Petitioner: Dr.K.Lakshmi Narasimha Counsel for Respondent No.1: Sri A.Abhishek Reddy The Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“ to issue a writ of Mandamus and declare the action of the respondents in not conducting the Supplementary Examination soon after the Main/General/Regular examination as illegal arbitrary and unconstitutional and consequently, not permitting the petitioner to appear for the Engineering Examinations Main/General/Regular of 1st semesters of 2nd, 3rd and 4th year to be conducted in Nov/Dec 2014 of B Tech Courses without clearing the minimum credits as contrary to law, illegal, arbitrary and unconstitutional, and consequently, to direct respondent No.1- University to immediately conduct Supplementary Examination forthwith ahead of the Main/General/Regular Examination and consequently, to direct the respondents to permit the petitioner to attend the classes and take the examinations for the Engineering Examinations Regular of 1st semesters of 2nd, 3rd and 4th year to be conducted in Nov/Dec 2014 and consequently, to declare the inaction on the part of the University to relax the relevant rules in view of various agitations in the city of Hyderabad and Rangareddy as illegal and arbitrary.”
As could be seen from the above reproduced prayer, the grievance of the petitioner is that the respondents have not been conducting supplementary examinations ahead of the main examinations so as to enable the petitioner to pass/reduce the number of backlog subjects for promotion to the next year.
With regard to the Regulation of respondent No.1- University providing for detention of students who have more than the prescribed number of backlogs, this Court in W.P.No.30706 of 2014 by order dated 1-10-2014, has held as under :-
“At the hearing, learned counsel for the petitioner has not disputed that as per the Regulations of respondent No.1 University, if a student has more than 12 backlogs, he/she is not entitled to promotion to the next year. It is also not disputed by the learned counsel that his client has 13 backlogs in the III year B.Tech course.
In the face of these admitted facts, the detention of the petitioner in III year B.Tech course, which is in conformity with the University Regulations, cannot be termed as illegal or arbitrary. This Court cannot entertain any writ petition and grant relief, which runs contrary to the University Regulations.”
At the hearing, it is submitted by the learned Standing Counsel for respondent No.1-University that the above mentioned order was upheld by the Hon’ble Division Bench by order dated 5-11-2014 in W.A.No.1358 of 2014.
Dr. K. Lakshmi Narasimha, learned counsel for the petitioner, has submitted that if the respondents hold supplementary examinations ahead of the main examinations, that will enable the petitioner to clear the backlog subjects and that the same would facilitate his promotion to the next year.
In my opinion, this submission has no merit at all. It is for the Universities concerned to fix schedule for holding supplementary examinations and the petitioner has no right to insist that they should be timed in such a manner as to enable him to clear the backlogs ahead of the main examinations. The purpose of supplementary examinations is only to enable the students to pass the subjects in which they have failed. Therefore, the petitioner cannot link up the requirement of maintenance of minimum backlogs, for the purpose of promotion, with the holding of the supplementary examinations.
On the analysis as above, I do not find any merit in this Writ Petition and the same is, accordingly, dismissed.
As a sequel to dismissal of the Writ Petition, interim order, dated 26.09.2014, is vacated and W.P.M.P.No.36578 of 2014 is dismissed.
19th November 2014 DR/AM JUSTICE C.V.NAGARJUNA REDDY