V.K.JAIN,J. - (1.)THE petitioner before this Court took admission in the five years B. Arch. Course of respondent No.1/The Guru Gobind Singh Indraprastha University, Delhi (for short ,,GGSIPU) and joined respondent No.2/The Sushant School of Art & Architecture, which is affiliated to the GGSIPU. The petitioner could not clear his third year examination held in the year 2012 in the first chance. He was promoted to the 4th year by the college/respondent No.2 and in September, 2012, he re appeared in the papers in which he had failed in the third year. The petitioner was also issued admit card in May, 2013 for the two subject of the third year in which he had failed as well as for the 4th year. The result of the papers of the third year was declared in August, 2013 and those papers were cleared by the petitioner. The result of the petitioner for the 4th year, however, was withheld by the GGSIPU. Being aggrieved from withholding of his result of the 4 th year, the petitioner is before this Court seeking the following reliefs:
"To issue a writ directing the respondents to declare the result of Karanjit Singh Sandhu (the petitioner herein) appeared in the 4th year of B. Arch. Course examination held in May 2013, with Enrollment Number 08316901609. And further direct the respondents to allow the petitioner to attend the classes of the subsequent year."

(2.)THE learned counsel for respondent No.1, who appears on advance copy being served, has drawn my attention to Clauses 11(b)(iv & v) of the Ordinance No.10 of Guru Gobind Singh Indraprastha University Act No.09 of 1998, which have been reproduced in a communication dated 3.9.2013 sent by the GGSIPU to Sushant School of Art & Architecture. The said Clauses read as under:
"Upon declaration of the supplementary examination results a student failing to any course or courses aggregating to more than 8 course credits shall not be eligible for promotion to the subsequent academic year. A student who has failed in courses aggregating to more than 8 courses credits shall be eligible to repeat the failed courses in the subsequent academic year. Such a student shall not be required to repeat any course that student has already completed successfully."

Admittedly, the petitioner had not cleared two papers having codes AP 301 and AP 315 in the third year, which carry 20 and 2 credits respectively, meaning thereby that together these two papers carried more than 8 credits. Consequently in terms of the Rules of the GGSIPU he was not eligible for being promoted to the 4 th year though he was entitled to appear again in next year in the papers in which he had earlier failed. Therefore, though in the academic year 2012 2013, the petitioner could have appeared in the examination held for the subjects in which he had failed, he could not have been granted admission in the 4 th year and consequently he was not eligible to appear in the examination for the 4th year held in the academic year 2012 2013.

(3.)THE Ordinance of the GGSIPU is binding on all the parties including the petitioner, the College and the University. Respondent No.2 College committed a mistake by promoting the petitioner to the 4 th year. This act of the College being contrary to the Ordinance of the GGSIPU was illegal and the GGSIPU is not bound by such an illegal act committed by the College. The petitioner also should not have taken admission in the 4th year when under the Rules of the GGSIPU he was not eligible for promotion from 3rd year to 4th year on account of his having failed in two subjects in the 3rd year. The GGSIPU, therefore, was amply justified in withholding the result of the petitioner for the examination which he took for the 4th year of study. The writ petition is devoid of any merit and is accordingly dismissed.