1. The petitioner has approached this Court seeking below mentioned relief and direction:
"12(B) Direct the respondents herein to grant term to the petitioner for 4th Semester in EC Branch and also direct the respondents to accept the submissions prepared by the petitioner and to issue Hall Ticket for appearing in 4th Semester Examination going to be held from 18.5.2012 and permit the petitioner to appear in examination going to be held on 18.5.2012 while considering the petitioner to be present for study on medical ground in the interest of justice.
12(C) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to grant the relief as prayed for in para (B) as interim or ad interim relief permitting the petitioner to appear in the examination scheduled to be held from 18.5.2012 in the interest of justice subject to the result of the present petition so that the valuable year may not be spoiled in this age of competition."
2. It emerges from the record that the petitioner has made written request by way of representation dated 17/04/2012 to the respondent university. It also emerges from the record that the college has also made necessary request to respondent University vide its letter dated 21/04/2012.
3. Although the examinations are to commence from 18/05/2012, the respondent University has not conveyed any decision to the respondent college and the petitioner.
4. It is claimed that the petitioner suffered accident on 27/01/2012 and was admitted in Civil Hospital, Sola on 28/01/2012. He was operated on 30/01/2012 and after discharge was advised to take complete rest until 27/03/2012. Therefore, during the said period he could not attend the lectures and laboratory work in the college. In view of such unfortunate, unforeseen and unavoidable circumstances, the petitioner has made request to the respondent university, however, any decision has not been taken by the respondent university.
5. The Court has taken note of date of commencement of examination and, therefore, considered it appropriate to direct the competent authority of the respondent university to take immediate decision and forthwith sympathetically decide the representation and request made by the petitioner.
6. The competent authority shall take into consideration the unfortunate, unforeseen and unavoidable circumstances on account of which the petitioner has not been able to attend the lectures and laboratory work.
7. The competent authority and respondent shall also consider the option of taking at least tentative decision of allowing the petitioner to appear in examination, subject to any final decision that may be passed by the competent authority.
8. In any case, appropriate decision should be taken by the competent authority of respondent University and it must be conveyed to the petitioner and the college as expeditiously as possible, but not later than 08/05/2012.
6. With the aforesaid clarification and direction, the petition stands disposed of. Direct service is permitted.
(K.M.THAKER, J.) (ila) Top