Dinesh Kumar vs Vice Chancellor University Of ...
2021 Latest Caselaw 111 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 533 of 2020
 

 
Appellant :- Dinesh Kumar
 
Respondent :- Vice Chancellor University Of Allahabad Prayagraj And Another
 
Counsel for Appellant :- In Person
 
Counsel for Respondent :- Kunal Ravi Singh,A.S.G.I.,Kunal Ravi Singh
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Let a regular number be given to this appeal.

Order on Memo of Appeal

This appeal is directed against the judgment dated 20.08.2020.

Appellant is a student of L.L.B. course in Allahabad University. He appeared in the first semester examination followed by the result. The appellant sought re-appearance in first semester examination for improvement. The result of which was thereafter declared. The appellant thereupon appeared in the second semester examination and has now been permitted to appear even in the third semester as a regular student. The only cause taken by the appellant is for his studies in the first semester as ex-student. The appellant is aggrieved by the aforesaid and prays that he should be treated to be a regular student even for the first semester despite the marks not appropriate to declare him pass for the said semester.

It is not that the appellant has not been permitted as a regular student for third semester yet, it has been questioned by filing of the appeal and for that even the validity of the Rules has been challenged without amendment in the writ petition.

Learned counsel appearing for the University has made it clear that the appellant would be permitted to appear in third semester examination as regular student and the ex-student is only for first semester. It is also indicated that clarification to this effect has been made by the learned Single Judge while delivering the judgment. The dismissal of the writ petition is not effecting the appellant for his appearance in the third semester examination and it is incorrect to say that he has not been permitted to appear in the third semester examination as a regular student.

Taking facts aforesaid into consideration, we do not find any reason for the appellant to assume himself to be an ex-student for the third semester despite a clarification given by the counsel for the university and in the judgment impugned herein. The writ petition for first semester examination was otherwise not maintainable having withdrawn earlier writ petition for the same issue without liberty to file a fresh.

However, while disposing of this appeal, we make it again clear that appellant would be permitted to appear in third semester examination as a regular student and not as an ex-student for the said semester. It would only for the first semester and accordingly with the aforesaid clarification, no interference in the judgment dated 20.08.2020 is made but the appeal is disposed of with the aforesaid.

Order Date :- 5.1.2021

//Nirmal//