Court No. - 41
Case :- WRIT - C No. - 14848 of 2019 Petitioner :- Dipanshi Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Shrivastava Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioner is permitted to implead Examination of Controller as respondent no. 4 during the course of the day.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Rohit Pandey, learned counsel for respondent no. 2.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 3.
Learned counsel for the petitioner submits that she has taken admission in B.Com Ist year (Computer Science) in the year 2016 at Disha Institute of Science and Technology Dhampur, Bijnor- respondent no. 3, which is affiliated to Mahatma Jyotiba Phule Rohelkhand University, Bareilly. He submits that she has completed 1st and 2nd year of B.Com (Computer Science) in the year 2017 and 2018 respectively but when she was persuing in B.Com IIIrd year Course, her father died on 13.3.2018, who was a government employee. After his death, she was offered job in dying-in-harness and joined the services on 17.11.2018, could not attend the classes thereafter. He further submits that B.Com (Computer Science) course is not available for private student and it is for regular student, but considering in special circumstance, University may be directed to permit her to appear in examination of B.Com IIIrd year 2019 on the basis of classes attend by her prior to joining of services on 17.11.2018.
Sri Rohit Pandey, learned counsel for University submits that University shall consider her case in accordance with ordinance and if permissible, University may permit her to appear in examination of B.Com IIIrd year 2019 on the basis of classes attend by her before joining of service i.e. 17.11.2018.
Considering the facts and circumstances of the case, the petition is disposed of with liberty to the petitioner to move fresh representation before Examination of Controller- respondent no. 4 and in case any such representation is moved, respondent no.
4 shall consider and decide the same within a period of three weeks from the date of production of certified copy of the order after considering the relevant ordinance as well as provision of condonation of shortage of attendance, if any.
It is made clear that the Court has not adjudicated the matter on merits and it is upon the respondent no. 4 to consider and decide the application of the petitioner on the basis of facts as well as relevant ordinance of the B.Com (Computer Science).
Order Date :- 29.4.2019 Arvind