The judgment established the importance of upholding academic discipline and the eligibility criteria for appearing in examinations as per the Examination Rules under Ordinance 177.

A.M. Khanwilkar; CJ.:-

Two reliefs have been claimed in this petition. First relief is to direct the respondents to declare the result of the petitioner for first semester revaluation examination of BDS course conducted in 2013. The second relief is to direct the respondents to accept the application form of the petitioner for the next academic year (second year) and allow the petitioner to participate for the said academic session. By way of interim relief, it is prayed that the respondent No. 1 be directed to allow the petitioner to submit her application form for the next academic session and further direct the respondent No. 1 to allow the petitioner to participate in the examination for the next academic year, subject to final outcome of the instant writ petition. Reverting to the first relief, it is not in dispute that the results of the first semester revaluation examination of the petitioner and similarly placed candidates have been withheld because of their involvement in criminal case registered by the STF concerning the very same examination. The offence as registered is a serious offence including of criminal conspiracy. No doubt, until the criminal case ends in conviction, it should be presumed that the petitioner is innocent. But at the same time the process of examination conducted by the University in which the petitioner had participated, having come under the cloud, the University cannot be faulted with its decision not to declare the results of the concerned candidates which includes the petitioner herein. Notably, the counsel for the University has stated on instructions before us that the University is now contemplating to hold inquiry into the said episode in respect of which the STF has already registered criminal proceeding. Further, that inquiry will be held in accordance with law, including to consider the action of rustication of the concerned student, if found involved on account of his/her acts of commission and omission, as may be discerned from the material that would come on record during inquiry to be conducted by the University. That process will be initiated within two weeks from today and taken to its logical end expeditiously. At least till such inquiry is conducted by the University, the University is justified in not declaring the results of the concerned candidates.

2. The next issue, is that, if the result of the first semester revaluation examination is not declared, whether the petitioner and similarly placed candidates can be permitted to pursue the next academic session of the same course?

3. According to the petitioner, in view of Chapter III(B) of Ordinance No. 177 Annexure R-1, it is obvious that the candidate even if has not passed out first semester, is entitled to keep terms to attend the next higher classes till the second examination. The petitioner has already resorted to that option and is pursuing the course. This fact, however, has been countered by the respondents on affidavit. It is stated on affidavit that neither the petitioner has been given admission in the second year BDS examination nor any class in the second year BDS examination has been attended by the petitioner. That assertion of the respondent has not been refuted by the petitioner. In that case, the question of permitting the petitioner to appear in the second examination does not arise.

4. Be that as it may, the question is: whether it is possible to accede to the second relief claimed by the petitioner. The second relief may be possible only if the petitioner were to pass the first year examination, which position can be culled out from sub-rule (2) of Rule A of Chapter-in of Ordinance 177. Chapter in of Ordinance 177 which deals with Examinations, reads thus:--

"III. Examinations :

A. Each of the examination will be held twice a year in the months of March and September.

1. First B.D.S. Examination is open to a candidate, who after admission, has completed the prescribed, course of study for one academ