Court No. - 4
Case :- WRIT - C No. - 19952 of 2019 Petitioner :- Shivam Prabhakar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Saral Srivastava,J.
Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Sanjay Shrivastava, learned counsel for the petitioner and Sri Rohit Pandey, learned counsel for the respondents no.2,3 & 4.
The petitioner is a regular student of LL.B III year course in Mangla Devi Memorial Degree College, Naini, Allahabad, respondent no.5.
It appears that the petitioner has appeared in the IV semester of the examination conducted by the University and the petitioner has passed IV semester examination.
According to the petitioner, the respondent are not permitting the petitioner to take admission in V semester as the result of the petitioner of IV semester falls in the category of BPRD (Back Paper Result Delayed).
According to the learned Senior Counsel, the petitioner is entitled to be admitted in V semester as per Rule 5 of General Rules for LL.B. (Three Year) (Six Semester) Degree Course (Session 2010-11 and onwards). The relevant portion of Rule 5 of General Rules for LL.B. (Three Year) (Six Semester) Degree Course (Session 2010-11 and onwards) is extracted herein below:-
"5. Promotion:
...
However, no Candidate will be permitted to join Fifth Semester unless he clears all the papers of First and Second Semester and at least Six Papers in total of Third and Fourth Semester with 48% of aggregate marks. A Candidate will be promoted to Sixth Semester only if he appears in at least 4 papers of Fifth Semester and remaining uncleared papers of Third Semester.
...
Learned counsel for the University very fairly submits that the petitioner may approach the respondent no.4 Examination Controller raising all grievances, who will consider the grievance of the petitioner in accordance with law and in the light of judgement of this Court passed in Writ-C No.23134 of 2018 (Soumya Mishra Vs. State of U.P. & others).
Be that as it may, considering the facts and circumstances of the case, with the consent of the parties, the writ petition is disposed off permitting the petitioner to submit a representation raising all his grievances before respondent no.4 within a period of 10 days from today. In case, any such representation is filed, the respondent no.3 shall consider the same in accordance with law and in the light of the judgement of this Court in Soumya Mishra (supra) within a period of two weeks from the date of submission of representation by the petitioner.
Order Date :- 12.6.2019 S.Sharma