Sarabjeet Singh vs Union Of India And Ors
2015 Latest Caselaw 6711 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 653/2015
       SARABJEET SINGH                    ..... Petitioner
                    Through: Mr. Amit Chandel, Advocate
                          versus
       UNION OF INDIA & ORS.                 ..... Respondents
                      Through: Ms. Suparna Srivastava and Ms.
                      Anushka Arora, Advocate for R-1
                      Ms. Astha Sharma and Ms. S. Kaushal, Advocates
                      for R-2
                      Mr. Sanjoy Ghose and Mr. Yash S. Vijay,
                      Advocates for R-3
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
                ORDER

% 08.09.2015

1. By this writ petition, the following substantive prayer is made :-

"...(a). pass a writ, order or direction in the nature of mandamus thereby directing the respondent No.3 to grant last opportunity to petitioner to re-appear in Exam of C.P.A and I.E.M. of Vth Semester..."

2. Notice in this petition was issued on 27.01.2015. Since then pleadings in the matter stand completed.

3. Briefly, the background in which, this writ petition has been filed, is as follows :-

3.1 The petitioner, who is a student of 5th semester in respondent no.2 college, sat for examination. For the purpose of the said examination, the petitioner was allotted roll no.293251. The petitioner, who was to fill up the roll number in the admit card and the answer sheets, inadvertently put down the incorrect roll number, that is, instead of the putting down the correct roll

number, which is 293251, the petitioner recorded the roll number in the admit card and the answer sheet as 293259.

3.2 The petitioner was consequently declared absent. The petitioner, it appears, sought an opportunity to sit for re-examination in the two subjects i.e. CPA and IEM.

3.3 Since, the petitioner's grievance was not met, this petition was filed.

4. The learned counsel for respondent no.3 says that the students like the petitioner, who are similarly placed, are now being given a chance to sit for what is labelled as 'mercy examination', which is slated to be held in December 2015. It is the learned counsel's submission that the petitioner will also be eligible for taking the said examination provided he fills up the application form with the correct information. 4.1 The learned counsel further submits that the application form will be available from 15.09.2015, on the website of respondent no.3.

5. In these circumstances, it is clear that the petitioner's grievance does not survive as long as he is given an opportunity to sit in the examination conducted by respondent no.3, which, as indicated above, is slated to be held in December 2015.

6. Having regard to the above, the learned counsel for the petitioner says that so long as the petitioner is permitted to sit in the examination, he would have no subsisting grievance against the respondent.

7. The writ petition is thus, disposed of, having regard to the stand taken by the counsel for respondent no.3.

RAJIV SHAKDHER, J SEPTEMBER 08, 2015 yg