Allahabad High Court
Registrar Mahatma Jyotiba Phule ... vs Prem Pal And 2 Others on 7 May, 2022
Bench: Manoj Misra, Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- SPECIAL APPEAL No. - 340 of 2022
Appellant :- Registrar Mahatma Jyotiba Phule Rohikhand University And Another
Respondent :- Prem Pal And 2 Others
Counsel for Appellant :- Rohit Pandey
Counsel for Respondent :- C.S.C.,Krishna Kumar Shukla
Hon'ble Manoj Misra,J.
Hon'ble Sameer Jain,J.
We have heard Sri Rohit Pandey, leaned counsel for the appellants and perused the record.
This intra court appeal is against the judgment and order dated 28.01.2022 of a Single Judge of this Court passed in Writ-C no.34788 of 2021 (Prem Pal vs. State of U.P. and others).
Writ-C No.34788 of 2021 was filed by the first respondent (writ petitioner) for a direction upon the University to accept the form of the petitioner for LLB 6th Semester examination.
From the record and from the submissions of Sri Rohit Pandey, learned counsel for the appellant (Mahatma Jyotiba Phule Rohikhand University), it appears that the writ petitioner took admission in LLB three years' course, comprising six semesters, commencing from the year 2018-2019. As per the regulations framed by the University, a student can be promotted to the next semester regardless of him/her having cleared all papers of the previous semester except in a case where he or she has been detained for shortage of attendance. It appears, the writ petitioner had not passed all papers in the first semester examination yet, as per the regulations of the University, he was allowed to appear in the second, third and fourth semester examination, which he cleared. It also appears, due to Covid-19 pandemic related disruption, he appeared in the back paper of the first semester examination simultaneously with the fifth semester examination in the year 2021. The University upon noticing sub regulation (4) of Regulation 7 of the Rules concerning LLB three years' course and finding that without clearing the first semester papers, a student is not eligible to appear in the fifth semester examination, withheld the result of the writ petitioner for the 5th semester examination. At this stage, the writ petitioner filed Writ- C no.34788 of 2021 with a prayer that University-authorities be directed to accept the form of the petitioner for LLB 6th semester examination.
It appears that the learned single judge on a petition based on same facts, namely, Writ-C No.34832 of 2021 by noticing that the University had allowed a candidate to appear in the fourth and fifth semester examination, bearing in mind that there had been a large scale disruption due to Covid-19 pandemic, allowed the petition vide order dated 28.01.2022 with a direction that the petitioner shall be allowed to appear in the sixth semester examination subject to the petitioner having successfully completed 5th semester by the date of the order. In terms of the order dated 28.01.2022, Writ C No.34788 of 2021 was allowed by the impugned order dated 28.01.2022.
Sri Rohit Pandey, learned counsel for the appellant has submitted that examination forms of the students are forwarded by the colleges affiliated to the University. If the colleges have not taken care to follow the examination regulations, may be due to oversight, and a student is allowed to appear in the examination, the University cannot be faulted for withholding the result as it is to enforce its own Regulations.
On the first look, the submissions made on behalf of the University appear attractive but we cannot be oblivious of the fact that there had been a large scale disruption due to Covid-19 pandemic starting from March, 2020 up to March, 2022. What is important to note here is that as per the examination Rules governing the LLB three years course, a candidate can clear any of the six semesters within six years of the commencement of the academic course, which means that a candidate of the 3 years course commencing 2018-2019 could have cleared any one or more of the semester examinations up to the year 2023-24.
In this background, we had put a specific query to Sri Rohit Pandey, learned counsel for the University (appellant), whether the petitioner has cleared first semester examination back paper or not.
Sri Rohit Pandey very fairly stated that the petitioner has cleared first semester back paper examination in the year 2021.
Once this is the position and the petitioner was allowed to appear in the fifth semester examination by the University, may be in ignorance of the Rules, depriving the petitioner of the fruits of his labour thus far, would be travesty of justice.
In view of above, we decline to interfere with the order of the learned Single Judge.
Appeal is dismissed.
Order Date :- 7.5.2022
Asha
