1. ' Through this Constitutional petition, petitioner has challenged the order of respondent No.2, whereby, the petitioner has been dropped in the second semester of BBA.
2. ' Brief facts of the case are that the petitioner joined the B.Z. University BBA morning Class, Session 2000-2001. The petitioner after passing BBA Ist Semester was promoted to BBA 2nd Semester. At the end of the 2nd semester, he secured 1.97 CGPA, whereas, he was required to secure at least 2.00 CGPA for promotion to the next Semester. According to the University calculations, the petitioner needs 7 marks to obtain the requisite CGPA for promotion to next semester. Since the petitioner failed to secure required CGPA of 2.00, therefore, his name was dropped out from the Role of the Department in terms of Regulation No. 8-D of BBA Regulation. Being aggrieved of action of the respondent No.2, the petitioner has filed this Constitution petition. Report and parawise comments were called from the respondent which formed part of the record of this Court.
3. ' The petitioner, submits that no doubt he could not obtain the requisite CGPA but he required only 3 marks. Hence, direction be issued to the respondents to grant 3 marks to the petitioner and promoted in 3rd Semester of BBA.
4. ' While on the other hand, learned counsel for the respondents has argued that neither for BBA nor for MBA Class, there is any rule for grant of grace marks and the case of the petitioner is fully covered under Regulation No. 8-D, which reads as under:--- "At the end of the Second Semester, a student must obtain a minimum cumulative grade point average (CGPA) of 2.00 and must also pass at least 50% of the courses taken by him in order to be promoted to the Third Semester. If any of the preceding two conditions is not complied with by a student, he shall be removed from the rolls of the department."
5. ' Learned counsel for the respondents further submits that the application of the petitioner for grant of grace marks was duly considered by the relevant authorities but the request of the petitioner was not acceded to because there is no rule to award grace marks in the semester system and the result of the petitioner has been duly notified: ' Heard. Record perused.
6. It is well established law that person, who joins educational institution, he is bound by the rules and regulations of the institution in which he has taken admission. The case of the petitioner is fully covered by Regulation 8-D reproduced "above. According to the regulation, no authority vests with the respondent to award grace marks in the semester system of BBA or MBA Class, Morning Session, hence; the action of the, respondent cannot be declared as void and without lawful authority in exercise of the Constitutional jurisdiction. No right of the petitioner has been violated, attracting Constitutional jurisdiction of this Court.
7. ' In the circumstances, this petition being without merit is hereby dismissed in limine.