Kabeer Kant Pal vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 14767 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 7378 of 2022
 

 
Petitioner :- Kabeer Kant Pal
 
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 Shri Akshat Kumar, learned counsel for the petitioner and Shri Savitra Vardhan Singh, learned counsel for respondent nos.2 to 4.

In terms of the directions passed by this Court, Sri Savitra Vardhan Singh, the counsel for the University has produced the instructions.

It appears that the order was passed by the unfair means committee recording that certain inscriptions were found on the hand of the petitioner while appearing in the fourth semester examination.

The contention of the counsel for the petitioner is that the procedure as prescribed under the Ordinance of 2008, no notice whatsoever was given in terms of Section 11 of the said Ordinance.

The instructions produced today do not record that any notice was given, which is required under section 11 of the Ordinance prior to the passing of the order against the petitioner.

Sri Savitra Vardhan Singh, the counsel for the University states that the committee itself has recorded that the petitioner had failed to take notice.

In view thereof and considering the judgment of this Court passed in Writ-C No. 6050 of 2022 (Aditi Mishra vs. State of U.P. and others) on 26.09.2022, the writ petition is disposed off directing the University to permit the petitioner to appear in the fourth semester examination in the paper 'Fundamentals of Microprocessors' as and when the semesters' examinations are due to be taken and the result thereof shall be declared accordingly.

It is made clear that the petitioner will not have to go under the entire semester examination.

The petitioner shall also be permitted to undergo the fifth semester studies in accordance with law.

It is further provided that as the petitioner had approached this Court, his waiver of attendance from commencing of fifth Semester till today shall be made with regard to the fifth Semester.

The writ petition is accordingly disposed off.

Order Date :- 20.10.2022

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