Court No. - 41
Case :- WRIT - C No. - 18892 of 2019 Petitioner :- Pratiksha Pathak Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Manoj Kumar Mishra,Reetika Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Avanish Tripathi, learned counsel for respondent nos. 2 and 3.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 4.
The present petition has been filed by the petitioner to accept the main examination form of B.Ed. 1st year in session 2018-19 and permit the petitioner to appear in main examination of B.Ed. 1st year in session 2018-20.
Learned counsel for the petitioner submits that she has taken admission in the college of respondent no. 4 by adopting due procedure of law and completed her course. Along with petitioner, there are total 47 students and out of which, examination form of 26 students have been filled up and accepted. Examination form of 21 students including petitioner cannot be filled up as website of University having no column for filling up the form.
Sri Avanish Tripathi, learned counsel for respondent nos. 2 and 3 upon instruction received from the University submits that last date for filling up the examination form was 12.5.2019 and later on it was extended to 25.5.2019, even though not only petitioner, other 20 students could not fill up the form, therefore, University is not at fault. He further submits that considering the future of petitioner and other similarly 20 students, it is decided by the University to give one more opportunity subject to deposit of fine of Rs. 1,000/- along with examination fee for which learned counsel for the petitioner has no objection.
Under such facts and circumstances of the case, this petition is disposed of with direction to respondent no. 2 to permit the petitioner to fill up the examination form after realization of fine of Rs. 1,000/- along with examination fee before commencement of examination.
It is open for the University to extend the same relief to other 20 students admitted in the institution of respondent no. 4 subject to fulfilment of the condition of fine imposed by the University.
Order Date :- 31.5.2019 Arvind