Dismissed
Praveen Kumar Jha v. State of U.P. and 3 Others
Allahabad HCWRIC/5762/2020
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What is this about?
Case :- WRIT - C No. - 5762 of 2020…
What the court decided
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Case :- WRIT - C No. - 5762 of 2020…
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Court No. - 39
Case :- WRIT - C No. - 5762 of 2020
Petitioner :- Praveen Kumar Jha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
On 24.2.2020 following orders were passed:-
"Petitioner has appeared in the Intermediate Examination in the year 2011 and could not clear all subjects. It appears that petitioner secured only 21 marks in English and as such he was declared fail. Petitioner in the year 2014 again made an application for being permitted to appear in the English Examination and he was allowed to do so. A mark-sheet was also issued to him declaring him pass in English. A pass certificate was also issued to him. It appears that petitioner applied for being registered as a Clerk to the Advocate concerned and an objection was raised to petitioner's candidature on the ground that two certificates cannot be entertained and the pass certificate has to be a solitary one. Petitioner, therefore, has approached this Court for directing the respondents to issue a composite certificate.
Prayer made in that regard is objected to by the learned Standing counsel on the ground that the enabling provisions i.e. Regulation 17(2) of Chapter VII would not be attracted in this case inasmuch as a candidate can be permitted to appear in an additional subject only if he has passed the intermediate examination. According to respondents since petitioner has failed, therefore, the petitioner cannot be issued a composite pass certificate.
Since the petitioner had appeared in person, therefore, the Court had requested Sri Shankalp Narayan, learned counsel to appear and assist the Court in this matter. Learned counsel, therefore, submits that as the respondents have already issued a pass certificate to the petitioner they are estopped from taking a contrary stand now. It is also stated that even otherwise a compartment system has now been introduced and the petitioner can be permitted to appear in it for the next year. As per him the petitioner will have to appear and pass in all subjects, once again.
Learned Standing counsel, however, submits that the compartment system is prospective and would not be applicable in the present case as the petitioner had failed in the intermediate examination in the year 2011.
Prima facie the amendment proposed in the regulations nowhere specifies that it would be applicable only to those students who have appeared in 2020 Examination. Before proceeding further it would be appropriate to permit learned Standing counsel to obtain specific instructions in that regard by the next date fixed.
Put up in the additional cause list, once again, on 2.3.2020."
Learned Standing Counsel has obtained instructions,
according to which, the scheme introduced for holding of compartmental examination is available only in respect of students who have appeared in the Board Examination for the year 2019. It is submitted that for previous years there exists no provision of compartment examination and, therefore, petitioner cannot be allowed to appear in the compartment examination. Petitioner otherwise had appeared in the year 2011 and therefore the provision introduced for holding of compartmental examination cannot be extended to him.
In view of the stand taken by the respondents, no further relief can be granted to the petitioner. Even otherwise the petitioner who had appeared in person is not present to press this petition even in the revision of additional cause list.
Writ petition, accordingly, is dismissed for want of prosecution.
Interim order, if any, stands discharged.
Order Date :- 5.3.2020 Ranjeet Sahu
Praveen Kumar Jha
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
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