Soni Kumari vs The Registrar
2023 Latest Caselaw 1327 Cal

22.02.2023

AN/Ct. No.238 WPA 2925 of 2023 with I.A. No. CAN 1 of 2020 (Old No. CAN 5796 of 2020) CAN 1 of 2023

Soni Kumari versus The Registrar, Burdwan University & ors.

Mr. Allen Felix ... for the petitioner

Mr. Raghunath Chakraborty Ms. Sabnam Sultana Ms. Amrita De ... for the University

In Re: CAN 1 of 2023

By an order dated February 16, 2023, this Court

directed the University to file a report within two weeks.

In the meantime, the petitioner has come up with

this application for an order permitting him to appear in

the ongoing 5th Semester Examination of B. Tech course

under the Burdwan University.

The petitioner admittedly, did not qualify in the

necessary Joint Entrance Examination. Without being

securing any rank in the Joint Entrance Examination, the

petitioner is not eligible to take admission at the relevant

engineering college.

The circular appearing at page 16 of this application

relaxing the said requirement was for Academic Session

2021-2022. The petitioner took admission in Academic

Year 2020-2021.

The 5th Semester examination has already

commenced. The first paper and the second paper

examinations are already over. At this juncture, I am not

inclined to entertain this application.

Time and again the Supreme Court has warned

against the danger of permitting an ineligible students to

appear in the examination by interim orders.

Therefore, I am not inclined to follow the judgments

relied upon by the petitioner reported at AIR 1986 SC

1448 and Kanishka Aggarwal vs. University of Delhi

reported in AIR 1992 Delhi 105. In view of the judgment

of the Supreme Court reported at (2017) 13 SCC 115

(Dental Council of India vs. Dr. Hedgewar Smruti Rugna

Seva Mandal, Hingoli), this application cannot be

entertained.

Accordingly, CAN 1 of 2023 stands dismissed.

(Kausik Chanda, J.)