Court No. - 40
Case :- SPECIAL APPEAL No. - 1089 of 2018 Appellant :- Km. Srishti Yadav Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Subodh Kumar Rai Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
This matter had been taken up before lunch and learned counsel for the appellant had been called upon to produce a copy of the regulations governing permission to appear in back papers. The copy of the said instructions was produced by him. Sri Sanjay Kumar Mishra, Advocate holding brief of Sri B.D. Pandey, learned counsel for the Allahabad State University is present. He has invited the attention of the Court to the office memorandum dated 21st August, 2018 which indicates that the time period for submitting the form for appearing in back papers was up to 25th August, 2018. The writ petition, according to the records, is dated 18th September, 2018. The petition, therefore, was clearly filed after the expiry of the last date as fixed for moving an application.
Even otherwise, inviting the attention of the Court to the marks obtained by the appellants in the examinations, it has been pointed out that the appellant has failed to secure the minimum marks required in two subjects whereas a back paper would be permissible only if such deficiency exists in one paper. Consequently, even otherwise according to the regulations, the appellant would not be entitled to appear in a back paper.
Consequently, having examined the instructions as also the aforesaid facts, we see no reason to interfere with the impugned judgment of the learned Single Judge.
The appeal lacks merit and is, accordingly, dismissed.
Order Date :- 29.10.2018 Atmesh