ORDER:

Heard Sri K.Suresh Babu, learned counsel representing Sri T.Raghavendra Singh, learned counsel for the petitioners and Sri Ch.Jagannadha Rao, learned Standing Counsel appearing for respondent Nos.2 to 6.

2. All three petitioners are prosecuting their LLB course and they have the following backlogs.

3. In writ affidavit, they have specifically mentioned about the reasons for the aforesaid backlogs. Some of the petitioners have not cleared the backlogs on the ground that they have to attend their parents medical issues. Therefore, according to them, no prejudice will be caused to the respondents if their cases are concerned.

4. With the said submissions, the petitioners sought to consider their cases for promotion to 4th year (VII semester) LLB 5 years course for the Academic Year

2022-2023.

5. Whereas, Sri Ch.Jagannadha Rao, learned Standing Counsel appearing for respondent Nos.2 to 6, on instructions, would submit that as per the University Examination Rules, the student with five backlogs is entitled for promotion to 4th year LLB course, otherwise, the student is not entitled for promotion into 4th year. Whereas, the petitioners herein are having 15, 7 and 8 backlogs and therefore, they are not entitled for promotion into 4th year.

6. As stated supra, the petitioners herein are having the aforesaid Semester wise/year wise backlogs. The grievance of the petitioners in the present Writ Petition is that they have submitted two representations dated 10.08.2022 and 18.08.2022 and the respondent University has not considered the said representations of the petitioners for promotion to the 4th year (VII Semester)

LLB 5 years course in the Academic year 2022-2023. 7. It is relevant to note that in paragraph No.12 of the writ affidavit, they have specifically contended that the University has to relax the condition of not exceeding five backlogs, thereby allowing the students to further semester/year. Infact, they have not challenged the said Rules and there is no relief sought by them to relax the said condition. Without challenging the said rules, they are not entitled for promotion into 4th year (VII Semester) LLB 5 years course in the Academic year 2022-2023 with the aforesaid backlogs.

8. Learned counsel for the petitioners has placed reliance on the judgment of Delhi High Court dated 30.09.2020 in (cid:147)Samarth Nayar & Ors vs. Controller of Examinations Gurur Gobind Singh Indraprastha University & Others(cid:148)1 In the said judgment, University has issued a notification dated 30.09.2020 and therefore, the petitioners therein had filed the aforesaid Writ Petition seeking direction to the respondents to withdraw the said notification dated 30.09.2020 and also sought clarification stating that the same is not applicable to the students therein. The petitioners therein have also sought a direction to the University to hold examinations through online mode in compliance of the guidelines issued by the 2nd respondent i.e., Bar Counsel of India. Whereas, in the present case, the petitioners herein have not challenge the aforesaid rules seeking relaxation of the condition. Unless and until the petitioners challenge the aforesaid rules, they are not entitled for the relief sought W.P.No.8307 of 2020 in the present Writ Petition. Therefore, the facts of the said Writ Petition are different to the facts of the present Writ Petition.

9. Learned counsel has also placed reliance on the judgment of Madras High Court in W.P.No.11528 of 2022 dated 29.06.2022. In the said case, the petitioners sought a direction to the respondents to promote them to the IV Semester of B-tech course in r