Court No. - 4
Case :- WRIT - C No. - 19986 of 2019 Petitioner :- Divya Chauhan Respondent :- Vice Chancellor Dr. B.R. Ambedkar University And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- Gagan Mehta
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Avinash Tripathi, learned counsel for the respondent nos. 1 to 3.
The petitioner is a student of LL.B three years course in M.D. Law College, Babarpur, Sikandra, Agra. The petitioner has appeared in III year L.L.B. examination for the Session 2017-18 in which her result was withheld due to use of unfair means.
It appears that the petitioner has submitted a representation and also submitted a fresh form to appear in LL.B. III year examination as an ex student for which admit card was also issued to the petitioner by the University.
Sri Tripathi, learned counsel for the University on the instructions states that the result of the petitioner was not declared because of fact that she was caught using unfair means and, therefore, a show-cause notice was issued to the petitioner seeking her explanation in the month of September, 2018.
The petitioner did not submit her explanation before the cut off date fixed by the Examination Committee for submitting the representation/reply of the students whose results have been withheld on account of use of unfair means. Learned counsel for the University has further submitted that the petitioner has submitted her reply on 24.01.2019 after the cut-off date of submitting reply/representation to the Examination Controller due to which her reply/representation was not considered. He fairly submits that in case, the petitioner files a fresh representation raising all her grievances, the Examination Controller shall consider it in accordance with law.
Be that as it may, considering the facts and circumstances of the case and as the petitioner has prayed for writ of mandamus directing the respondent no.3 to decide the objection of the petitioner, the writ petition is disposed off granting liberty to the petitioner to submit a fresh representation before the respondent no.3 Examination Controller, Dr. B.R. Ambedkar University, Agra raising all her grievances within a period of 10 days from today. If any such representation is filed by the petitioner, the respondent no.3 shall consider it in accordance with law within a period of three weeks from the date of filing the representation of the petitioner by reasoned and speaking order.
This Court has not expressed any opinion on the merits of the case.
Order Date :- 12.6.2019 S.Sharma