JUDGMENT

Y.K. Sabharwal, J.-Respondent Nos.1 and 2 in this appeal were admitted to four year Bachelor of Engineering course in Thapar Institute of Engineering and Technology in the academic year 1997-98. The said Institute and its Director are appellants before us. Their challenge is to the judgment of the Division Bench of the High Court. The High Court, by the impugned judgment, reversing the judgment of the learned Single Judge, has declared that the respondents should be deemed to have passed the first year of their respective course. Accordingly, the appellants were directed to take immediate steps for allowing the respondents to prosecute their studies in the second year.

2. During the academic year 1997-98, Clause 17(a) of Schedule I of Academic Regulations governing the appellant-Institute required a student of the first year to repeat the examination if he fails to secure specified credits and/or specified grade and on inability to secure specified grade after repeating, to leave the Institution. The relevant part of Clause 17(a) at the material time in the academic year 1997-98 was as follows :

"17(a) A student will be required to repeat first year if (i) he fails to earn