Court No. - 33
Case :- WRIT - C No. - 11340 of 2018 Petitioner :- Malikhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Mani Counsel for Respondent :- C.S.C.,Rohit Pandey Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent no.1; and Sri Rohit Pandey for the respondents 2 and 3.
The petitioner had taken admission in the LLB Three Years Course in the year 2010. In ordinary course, the course would have been complete by the end of academic session 2012-13. The petitioner, however, failed to complete the course within its ordinary schedule. Now, the matter is before this Court because the petitioner applied to appear in back paper examination of sixth semester in the month of November, 2016 but was not allowed to appear, therefore, the petitioner filed Writ-C No.59686 of 2017 which was disposed of vide order dated 09.01.2018 thereby giving liberty to the petitioner to represent his cause to the Controller of Examination, Chhatrapati Shahuji Maharaj University, Kanpur (the University concerned). However, now, by the order impugned dated 15.02.2018, the Examination Controller of the University rejected the prayer of the petitioner by informing him that the Ordinances of the University provide that a candidate will have to clear the L.L.B (Three Year Course) in a maximum of six years and if he fails to pass within this period he will be deemed to have abandoned the course. The order impugned records that since the petitioner was admitted in the three years course in the academic session 2010, the said course was required to be completed latest by the academic session 2015-16 which culminates in June, 2016. And, as, admittedly, the petitioner did not clear the course by June, 2016, his application for permission to appear in the back paper examination was liable to be rejected.
The petitioner has not been able to show that the Ordinances framed by the University are in any way arbitrary or illegal. Otherwise also, neither the existence nor the validity of these Ordinances have been challenged.
Under the circumstances, as the Ordinances require the course to be completed within six years and six years had already passed by the time the petitioner applied to appear in the back paper examination, the decision of the Examination Controller cannot be faulted. The petition is dismissed.
Order Date :- 28.3.2018 AKShukla/-