Court No. - 41
Case :- WRIT - C No. - 17407 of 2019 Petitioner :- Shipra Singh Respondent :- Dr. Bhim Rao Ambedkar University Agra And Another Counsel for Petitioner :- Dr. Akhilesh Kumar Counsel for Respondent :- Gagan Mehta,Avanish Tripathi
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and Sri Avanish Tripathi, learned counsel for respondents- University.
Vide orders dated 21.5.2019 and 28.5.2019, learned counsel for University was directed to seek instruction and also provide Ordinance, but he could not provide the same and only produce a notification issued by the University for facility of improvement examination (re-examination) to fail students, but he fairly submitted that considering the peculiar case of the petitioner, petitioner may be directed to file representation before respondent no. 2, who shall consider the same sympathetically considering the provision of Ordinance to which learned counsel for the petitioner has no objection.
Considering the facts and circumstances of the case, this petition is disposed of with liberty to the petitioner to file fresh representation before respondent no. 2 and in case any such representation is filed along with certified copy of the order, respondent no. 2 is directed to consider and decide the same sympathetically in accordance with law. While deciding the representation, respondent no. 2 shall also consider this fact that petitioner has already cleared LL.B. 1st year, was permitted to appear in 3rd year examination, which was also cleared by her and as on date, she is fail in only one subject to clear her LL.B. Course.
If the petitioner is not permitted to appear in re-examination, respondent no. 2 shall pass reasoned order within the same period explaining the provision of Ordinance by which petitioner has been permitted to appear in LL.B. 3rd year examination, declared pass in 2nd division and marks sheet was also issued without passing LL.B. 2nd year examination.
Order Date :- 31.5.2019 Arvind