Court No. - 30
Case :- WRIT - C No. - 16689 of 2019 Petitioner :- Durga Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Ajay Bhanot,J.
Heard Sri Shree Prakash Giri, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1-State and Sri Rohit Pandey, learned counsel for the respondents No.2 and 3.
By means of the instant writ petition, the petitioner has sought permission to complete her B.Ed. IInd year examination which was scheduled to be held "since 17th May, 2019".
The petitioner was admitted in the B.Ed. course conducted by the respondents-University in the academic session 2015-16. As per regulations, the B.Ed. course is liable to be completed in a maximum period of three years. For ease of reference, the said regulation is extracted hereunder:
"The B.Ed. program shall be of duration of two academic years, which can be completed in a maximum of three years."
The result of the petitioner in the B.Ed IInd year was declared on 28.03.2018. The petitioner failed in the B.Ed IInd year examination. The last date for submission of the application form for re-examination of B.Ed. IInd year was 05.09.2018. The petitioner admittedly did not submit an application for re-
examination on the aforesaid last date i.e. 05.09.2018. The petitioner had submitted her application for re- examination on 18.02.2019, which was much after the last date for accepting the application form, and beyond the permissible period of three years to complete the B.Ed course.
It is contended by Sri Shree Prakash Giri, learned counsel for the petitioner that the result was declared on 03.09.2018.
This fact has been disputed by Sri Rohit Pandey, learned counsel for the respondents No.2 and 3- University.
Be that as it may, the last date of submission of the application form was 05.09.2018. Even if her result was declared on 03.09.2018, the petitioner had time to apply for the re-examination. The petitioner chose not but for reasons best known to her. The petitioner could not complete her course within the time stipulated in the regulations.
This Court cannot issue a writ which is contrary to the regulations of the University. The petitioner is ineligible to appear in the B.Ed IInd year for re- examination.
It is open to the petitioner to apply afresh for the B.Ed. course.
The writ petition is dismissed.
Order Date :- 27.7.2021 Ashish Tripathi