Uttarakhand High Court
WPMS/416/2021 on 22 February, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 22NDDAY OF FEBRUARY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 416 of 2021
BETWEEN:
Akshyata Ojha. ...Petitioner
(By Mr. N.K. Papnoi, Advocate holding brief of Mr.
Jitendra Kumar, Advocate)
AND:
State of Uttarakhand and others. ...Respondents
(By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
Uttarakhand, Mr. B.D. Upadhayaya, Senior Advocate
assisted Mr. Navin Tiwari for respondent nos. 2, Mr.
Vikas Pande, Advocate for respondent no. 3 & Mr.
Sandeep Tiwari, Advocate for respondent no. 4)
JUDGMENT
Petitioner is a student of Law in Chanakya
Law College, Rudrapur, District Udham Singh Nagar.
According to her, due to COVID-19, she could not
appear in the Second Semester Examination
conducted by Kumaon University.
2. By means of this writ petition, petitioner
has sought following relief:-
(i) Issue a writ, order or direction in the Nature of
Mandamus by commanding the respondent no.
2 to accept the 3rd semester examination form
of the petitioner and direct the respondent no.
5 to allow the petitioner to appear in the 3rd
semester examination.
(ii) Issue a writ, order or direction in the nature of
Mandamus by commanding the respondent no.
2 to conduct the 2nd semester examination of
the petitioner with the examinations of even
semester students, so that she may improve
her score card.
(iii)Issue any other suitable, writ, order or
direction which in the interest of justice and
under the circumstances of the case of Hon'ble
Court may deem fit and proper.
(iv) To allow the cost of the petitioner of the
petitioner.
(v) During the pendency of the writ petition as an
interim relief the Hon'ble Court may graciously
be pleased to command the respondent no. 2
to allow the petitioner to appear in the 3rd
semester examinations, provisionally.
3. After arguing for a while, learned counsel
for the petitioner submits that petitioner has made a
representation to Vice-Chancellor, Kumaon University
on 21.10.23020, which is on record as Annexure -8 to
the writ petition. He, therefore, confines his prayer
and submits that Vice-Chancellor, Kumaon University
be directed to decide petitioner's representation
expeditiously.
4. Mr. B.D. Upadhyaya, Senior Advocate
appearing for the Kumaon University fairly submits
that petitioner's representation shall be decided within
one week from the date of production of certified copy
of this order.
5. In such view of the matter, the writ petition
is disposed of with a direction to the Vice-Chancellor,
Kumaon University to consider and decide petitioner's
representation dated 21.10.2020, in the light of the
guidelines issued by Bar Council of India, as early as
possible, but not later than one week from today.
6. Let certified copy of this order be supplied
to the parties today itself.
(MANOJ KUMAR TIWARI, J.)
Aswal
