Disposed

Syed Saif Ali v. State of U.P. and 3 Others

Allahabad HC18 Jan 2018WRIC/56757/2017

Case brief

AI extract

What is this about?

Petitioner sought direction to University of CSJM to condone delay in backlog exam registration due to typhoid. Court did not adjudicate merits but granted liberty to file representation with medical evidence to the Academic Committee within 15 days for appropriate decision.

What did the court decide?

Liberty to file comprehensive representation with medical evidence before Academic Committee within 15 days.

Syed Saif Ali Vs State of U.P. and 3 Others — Education and Admissions | Allahabad HC (2018)

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Court No. - 33

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Case :- WRIT - C No. - 56757 of 2017

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Petitioner :- Syed Saif Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Mani Shukla Counsel for Respondent :- C.S.C.,Rohit Pandey

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Hon'ble Manoj Misra,J.

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Heard learned counsel for the petitioner; the learned Standing Counsel for the respondent no.1; and Sri Rohit Pandey for the respondents 2 to 4.

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The petitioner had taken admission in the B.Tech. (Chemical Engineering Programme) of Batch-2013 in University/Institute of Engineering and Technology of C.S.J.M. University, Kanpur.

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It appears that the petitioner had to appear in the Backlog Examination of certain subjects for which he had to get himself registered within a specified period but could not make it within time.

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The case of the petitioner is that on account of his medical condition, he could not apply for registration within the time provided by the Ordinances of the University and when he applied on 11.09.2017 for registration, his application was not entertained. Accordingly, this petition has been filed for a direction upon the respondent-University to consider the prayer of the petitioner and permit him to deposit the registration fee for the Backlog Examination of the concerned subjects.

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On 29.11.2017, this Court had directed Sri Rohit Pandey to seek instructions from the University.

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Pursuant to the order of this Court, Sri Rohit Pandey has obtained instructions from the respondent-University and has informed the Court that for the purposes of backlog examination registration, a date schedule was notified and it was provided that the backlog registration shall be open from 10th August, 2017 to 25th August, 2017. It has been submitted that, as per clause 10 of Ordinance 4, no registration could be allowed after lapse of four weeks from the first day of registration and that too in exceptional circumstances with supporting evidence.

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The case of the petitioner is that he had been suffering from typhoid and has applied for registration on 11th September, 2017 and the window for admission, if it is counted from 10th August, 2017, would remain open till 08th September, 2017 therefore, upon consideration of the medical condition, the delay in registration could be condoned by treating him to be an exceptional case.

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Sri Rohit Pandey who appears for the respondent-University, has suggested that the petitioner may make a representation before the Chairperson, Academic Performance and Evaluation Committee (APEC) and appropriate decision can be taken by the said authority in respect of the grievance of the petitioner.

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Considering the facts and circumstances of the case, without expressing

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any opinion on the merits of the claim of the petitioner, this Court considers it appropriate to enable the petitioner to take recourse to clause 10 of Ordinance 4 which enables delayed registration under exceptional circumstance.

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Accordingly, this petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the Chairperson, Academic Performance and Evaluation Committee (APEC), UIET, CSJM University, Kanpur, U.P. If within 15 days from today any such representation is filed along with certified copy of this order as also documents to demonstrate existence of exceptional circumstances for enabling late registration, the Chairperson, (APEC), UIET, CSJM University, Kanpur, U.P. shall take an appropriate decision in the matter and inform the petitioner accordingly, preferably, within two weeks from the date of filing of such representation.

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Order Date :- 18.1.2018 Sunil Kr Tiwari

Syed Saif Ali v. State of U.P. and 3 Others

Case brief

What is this about?

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Syed Saif Ali v. State of U.P. and 3 Others

Case brief

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