Court No. - 19
Case :- WRIT - C No. - 17153 of 2018 Petitioner :- Shailendra Kumar And 4 Others Respondent :- Vice Chancellor/Kul Sachiv, Dr. Bhimrav Ambedkar University And 2 Others Counsel for Petitioner :- Prem Narayan Rai Counsel for Respondent :- Vivek Verma Hon'ble Manoj Kumar Gupta,J.
The petitioners, who are students of L.L.B. in H.S. Law College, Etah, the third respondent, which is affiliated to Dr. Bheem Rao Ambedkar University, Agra, have filed the instant petition seeking a mandamus commanding the respondent University to declare result of petitioners of L.L.B. Part II 2017 examination and to issue corrected mark sheet by awarding marks of second paper of second year L.L.B. course 2017.
The petitioners were issued mark sheet of L.L.B. Part II Examination 2017. In the mark sheet, the marks of second paper has not been disclosed and there is an entry to the effect 'UFM' which means use of unfair means.
Sri Vivek Verma, learned counsel appearing on behalf of the respondent University points out that there was mass copying at the centre from where the petitioners appeared in the second paper of L.L.B. Part II Examination 2017, consequently, result of all the students from the said centre has been withheld.
Learned counsel for the petitioners submitted that the petitioners were not caught with any unauthorised material in their possession and thus, even if the University has come to the conclusion that there was mass copying, it ought to have notified a fresh date for holding the examination. The result of the petitioners could not be withheld for indefinite period.
Sri Vivek Verma, learned counsel appearing on behalf of the respondent University, on instructions, states that majority of the students have already applied for re-examination in second paper, which is going to be held in August 2018. He submitted that in case the petitioners also make application in that regard, they shall be granted permission to appear in the second paper examination of L.L.B. Part II.
Learned counsel for the petitioners states that the petitioners would appear in the second paper of L.L.B. Part II examination by filing appropriate application.
Accordingly, the instant writ petition is disposed of with liberty to the petitioners to appear in the second paper of L.L.B. Part II examination, which, according to learned counsel for the University, is scheduled to be held in August 2018. In the case the petitioners succeed in passing the second paper of L.L.B. Part II Examination 2017 in the re-examination, which is to be held in August 2018, the University will take consequential action accordingly.
(Manoj Kumar Gupta, J) Order Date :- 28.5.2018 SL