Court No. - 7
Case :- WRIT - C No. - 27691 of 2019 Petitioner :- Sudheer Kumar And Another Respondent :- Chhatrapati Shahuji Maharaj University And Another Counsel for Petitioner :- Abhinava Krishna Srivastava,Chandra Mani Counsel for Respondent :- Rohit Pandey
Hon'ble Ajay Bhanot,J.
The order impugned dated 13.11.2018 has rejected the application of the petitioners for appearing in the back paper examinations of the L.L.B. III year course. The order dated 13.11.2018 was passed in compliance of the orders passed by this Court in Writ C No. 6006 of 2018, Manram Maurya and Others Vs. Chhatrapati Shahuji Maharaj University, Kanpur and Others. The relevant extracts of the judgement and order entered by this Court on 03.07.2018 in Writ C No. 6006 of 2018, Manram Maurya (supra) is extracted hereunder:
"Rule 7 provides for holding of Special Back Paper Examination for LL.B. Six Semester students as soon as possible after the results of LL.B. Six Semester have been declared and the outgoing student of LL.B. Six Semester will be provided an opportunity to clear Back Paper in different semesters.
Learned counsel for the University has not been able to refer any averment in the counter affidavit wherein it is stated that the Special Back Paper was held to enable the petitioners to participate. However, the learned counsel for the University has stated that the Examination Committee of the University can take a decision with regard to the case of the petitioners in view of provision of Rule 7 of the aforesaid rules."
Sri Abhinav Krishna Srivastava, learned counsel for the petitioners contends that in the order, assailed in the instant writ petition, regard has not been paid to the provisions of Rule 7 of the General Rules for L.L.B. (Three Year) 6th Semester Degree Course, contrary to the directions by this Court in the judgement and order dated 03.07.2018. He relies on a similar order passed by this Court on 21.12.2018, registered as Writ C No. 43105 of 2018, Manram Maurya Vs. Chhatrapati Sahuji Maharaj University and Others.
Sri Rohit Pandey, learned counsel for the respondent University fairly submits that the perusal of the order dated 13.11.2018 assailed in the instant writ petition discloses that the order has been passed overlooking the provisions of Rule 7 of the General Rules for L.L.B. (Three Year) 6th Semester Degree Course.
In view of the submissions made by learned counsel and records of the case, this Court finds that the order dated 13.11.2018 passed by the respondent no. 2, Examination Controller, Chhatrapati Shahuji Maharaj University, Kanpur is not consistent with the directions by this Court in the judgment and order entered on 03.07.2018 in Writ C No. 6006 of 2018, Manram Maurya and Others Vs. Chhatrapati Shahuji Maharaj University, Kanpur and Others.
Learned counsel for both the parties agreed that this case is covered by the judgment of this Court rendered in the case of Manram Maurya (supra) and the petitioner is entitled to the benefit of the directions in the aforesaid judgment.
The order does not consider the controversy in the light of the Rule 7 of the General Rules for L.L.B. (Three Year) 6th Semester Degree Course. The order dated 13.11.2018 passed by the respondent no. 2 is illegal.The order dated 13.11.2018 cannot stand.
The order dated 13.11.2018 passed by respondent no. 2, Examination Controller, Chhatrapati Shahuji Maharaj University, Kanpur is quashed.
The matter is remitted to respondent no. 2, Examination Controller, Chhatrapati Shahuji Maharaj University, Kanpur.
A writ of mandamus is issued commanding the respondent no. 2 to execute the following directions:
I. The respondent no. 2 shall decide the controversy afresh strictly in the light of the judgement and order entered by this Court on 03.07.2018 in Writ C No. 6006 of 2018, Manram Maurya and Others Vs. Chhatrapati Shahuji Maharaj University, Kanpur and Others after considering the controversy in the light of the Rule 7 of the General Rules for L.L.B. (Three Year) 6th Semester Degree Course.
II. The respondent no. 2 is directed to decide the matter within a period of two weeks from the date of receipt of a certified copy of this order.
The writ petition is allowed.
Order Date :- 22.8.2019 Dhananjai