Court No. - 46
Case :- WRIT - C No. - 23134 of 2018 Petitioner :- Soumya Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satish Chandra Mishra Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Saral Srivastava,J.
Rejoinder affidavit filed today which is taken on record.
Sri R.K. Ojha, learned Senior Counsel assisted by Sri Satish Chandra Mishra, learned counsel for the petitioner and Sri Rohit Pandey, learned counsel for the University.
The petitioner is a regular law student of Prayag Vidhi Mahavidyalaya, Muvaiya, Naini, Allahabad.
It appears that the petitioner could not secure minimum percentage of marks for clearing first semester of L.L.B. examination and accordingly, the University did not permit to the petitioner to appear in the Vth and VIth semester of the examination of L.L.B. In the aforesaid backdrop, the petitioner prayed for following relief:
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 to 5 to permit the petitioner to appear in the examination of L.L.B. Vth Semester (2015-18) which is going to be held from 18.7.2018 to 27.07.2018."
This Court by order dated 3.12.2018 passed the following order:
"On 13.07.2018 following order was passed by the Court:-
"The petitioner, who is student of L.LB. fifth semester, has filed the instant writ petition with the grievance that she is not being issued admit card of fifth semester exam, which is to be held from 18th of this month.
Sri Rohit Pandey, learned counsel appearing on behalf of the respondent University submitted that the petitioner could not obtain 48% aggregate marks in all the papers of previous semesters taken together. He points out that the petitioner had obtained a little less than 48% aggregate marks in first semester and which, if added to the marks obtained by her in second, third and fourth semesters, in which she has admittedly scored more than 48% aggregate marks, her total marks are still less than 48% in aggregate and this according to him, seems to be the reason why she is not being issued admit card.
Sri R.K. Ojha, learned senior counsel assisted by Sri Satish Chandra Mishra, learned counsel appearing on behalf of the petitioner has placed reliance on Note No.3 at the foot of L.L.B. (Semester IV) Session 2016-17, Statement of Marks, which reads as under:-
"3. However, no candidate will be permitted to join fifth sem. unless he clears all the paper of first and second semester and atleast 6 papers in total of third and fourth sem. with 48% of aggregate marks. A candidate will be promoted to 6 sem. only if he appears in at least 4 papers of fifth sem. and remaining uncleared papers of third semester."
The submission is that the aggregate marks of all four semesters is above 48% and thus, according to him, as per Note No.3, there would be no impediment in the petitioner's pursuing her study of fifth semester or to appear in the said examination. It is urged that the very purpose of Note No.3 is to keep promoting a candidate to the next semester subject to fulfilment of conditions laid down therein. It is urged that Note No.3 does not state that a candidate should have obtained 48% marks in aggregate in each semester, as contained in the Note No.1, but it speaks of 48% of aggregate marks in first and second semesters and atleast six papers in total of third and fourth semesters, meaning thereby that even if a candidate has failed to clear certain papers of third and fourth semesters, but still the aggregate marks of first and second semesters as well as six papers of third and fourth semesters is 48%, the candidate will be promoted to the fifth semester.
The contention appears to have force.
Learned counsel appearing on behalf of the respondent University seeks two weeks' time to file counter affidavit, which is allowed.
List on 31.7.2018.
Having regard to the fact that the exam of fifth semester is to start from 18.7.2018, it is hereby provided that the respondents shall permit the petitioner to appear in the said examination provisionally, provided there is no other impediment, subject to final decision in the writ petition.
It shall be open to the petitioner to file rejoinder affidavit in reply to the counter affidavit, if any, filed in the meantime.
A certified copy of the order shall be made available to learned counsel for the parties on payment of usual charges today itself."
Today when the matter was taken up for hearing, learned counsel for the respondents prays for additional time to file counter affidavit.
Sri R.K. Ojha, learned Senior Counsel assisted by Sri Satish Chandra Mishra, learned counsel for the petitioner submits that the examination of VIth Semester for LL.B. Course shall commence from 12.12.2018. The last date of submission of form is 06.12.2018.
In view of the order passed by this Court on 13.07.2018 the respondents are directed to permit the petitioner to submit her examination form and to appear in the examination.
The respondents are granted two weeks further time to file counter affidavit. List this case in the last week of December 2018."
Today, when the matter taken up, Sri Rohit Pandey, learned counsel for the University-respondent no. 5 submits that he has received instructions to state that the University can permit the petitioner to appear in back paper of one subject in the first semester of L.L.B. examination.
Sri R.K. Ojha, learned Senior Counsel states that her client is ready to appear in back paper of one subject in the first semester of L.L.B. examination, which is to be held along-with back paper of the regular students.
As the University has agreed to permit the petitioner to appear in back paper of one subject in the first semester of L.L.B. examination and the petitioner has agreed for the same; the writ petition is disposed of with a direction to the respondent no. 4 Examination Controller, Chhatrapati Sahuji Maharaj University, Kanpur to allow the petitioner to appear in back paper of one subject in the first semester of L.L.B. examination whenever it is conducted.
It is further submitted by learned Senior counsel that the petitioner has appeared in the Vth and VI semester of the L.L.B. examination under the interim order of this Court and the result of the petitioner may be declared.
Considering the facts and circumstances of the case that the University has agreed to permit the petitioner to appear in back paper of one subject in the first semester of L.L.B. examination. No useful purpose would be served in not declaring the result of the petitioner of Vth and VIth semester of L.L.B. examination and hence, the respondent no. 4 is directed to declare the result of the petitioner.
It is further provided that the University shall not award the degree to the petitioner till she clears her first semester of L.L.B. examination With the aforesaid observations, the writ petition is disposed off.
Order Date :- 31.5.2019 Ishan