Allahabad High Court
Shriya Rastogi vs State Of U.P. Thru. Addl. Chief ... on 20 October, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - C No. - 7237 of 2022
Petitioner :- Shriya Rastogi
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Higher Education Deptt. Lko. And 3 Others
Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar
Counsel for Respondent :- C.S.C.,Savitra Vardhan Singh
Hon'ble Pankaj Bhatia,J.
Heard the counsel for the petitioner and Sri Savitra Vardhan Singh, the counsel for the respondent University.
Present petition has been filed alleging that the petitioner had appeared in the 3rd Semester Examination of December, 2021 held in the month of February, 2022 and was declared successful, however, subsequently when the petitioner was due to appear in the 4th and 5th papers of the 4th Semester, she was informed that her result of 3rd Semester was wrongly declared as she was guilty of using unfair means while attempting in paper of third Semester i.e. 'Enhancing Life Skills'.
It is alleged that the petitioner was prevented from appearing in the 4th and 5th papers of the 4th Semester Examination.
This Court had called for instructions from the respondent.
On instructions, the documents pertaining to the petitioner have been produced which have been perused by this Court. The allegation against the petitioner is that she was using unfair means while attempting the last paper of 3rd Semester being Enhancing Life Skills.
Contention of learned counsel for the petitioner is that no opportunity of hearing was granted to the petitioner before coming to the conclusion that the petitioner was guilty of using unfair means. It is argued that even in terms of the brochure as issued by the respondent or the procedure prescribed in Clause 14 of the Ordinance 2008, the same has not been followed.
On perusal of the documents as produced by the respondent, it is clear that the procedure prescribed in Clause 14 of Ordinance 2008 has not been followed.
Learned counsel for the petitioner places reliance on the judgment of this Court in the case of Shweta Arya v. University of Lucknow & Ors.; Writ - C No.2439 of 2022 decided on 02.08.2022 wherein this Court had considered the scope and mandate of Clause 14 of Ordinance 2008 of the University.
In the present case, there is no compliance of the said Ordinance, as such, the present petition is allowed with direction to the respondents to permit the petitioner to appear in the last paper of the 3rd Semester Examination i.e. Enhancing Life Skills, and the balance two papers of the 4th Semester afresh whenever the examinations are due.
Needless to say that thereafter the result of the petitioner shall also be declared in accordance with law.
In view of the fact that there was non-compliance of the conditions prescribed in the Ordinance of 2008, the impugned order dated 15.07.2022, insofar as it relates to the petitioner herein, is set aside.
Order Date :- 20.10.2022
VNP/-
