Disposed

Rajesh Kumar Yadav v. State of U.P Thru. Prin. Secy. Higher Education Civil Secrt. Lko. and 4 Others

Allahabad HC13 Aug 2024/6177/2024

Case brief

AI extract

What is this about?

The High Court, Allahabad allowed an interim direction permitting a petitioner to appear in his sixth semester LLB examination despite unpaid fees, provided he submits the form. The court directed the University to declare his result upon full fee payment and disposed of the writ petition.

What did the court decide?

Permitted petitioner to appear in 6th semester LLB examination if form received; directed envoy to facilitate result declaration upon full fee deposit within 3 months.

Rajesh Kumar Yadav Vs State of U.P Thru. Prin… — Education and Admissions | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:55891

¶2

Court No. - 7

¶3

Case :- WRIT - C No. - 6177 of 2024

¶4

Petitioner :- Rajesh Kumar Yadav

¶5

Respondent :- State Of U.P Thru. Prin. Secy. Higher Education Civil Secrt. Lko. And 4 Others

¶6

Counsel for Petitioner :- Abhinandan Kumar Pandey Counsel for Respondent :- C.S.C.,Mahendra Kumar Srivastava,Puneet Chandra

¶7

Hon'ble Alok Mathur,J.

¶8

Heard learned counsel for the parties and perused the record.

¶9

The petitioner has approached this Court by means of the present petition under Article 226 of the Constitution of India, seeking a direction to the respondents to permit him to appear in the forthcoming examinations of the sixth semester LLB Course.

¶10

An interim direction, the following order was passed on 17.07.2024 which is quoted as under:

¶11

"1. A request for urgency for hearing the instant petition today itself was made by the learned counsel for the petitioner, in pursuance to which the matter is being heard today at 7 PM.

¶12

2. Heard Sri Abhinandan Kumar Pandey learned Counsel for the petitioner, learmed Standing Counsel for respondent no.1 and Sri Mahendra Kumar Srivastava for respondent no. 2 to 4, and Sri Puneet Chandra for respondent no. 5.

¶13

3. The grievance of the petitioner who is the student of VI semester LLb Course is not being permitted to appear in the forthcoming examination on account of the fact that his examination form has not been accepted by respondent no. 5 who is MDKP College of law from where the petitioner is pursuing the aforesaid course as the petitioner has been unable to deposit the entire tuition fees, and consequently the said examination form has not been forwarded to respondent no. 4 which is conducting the said examination.

¶14

4. The petitioner with the same grievance had approached this Court on the previous occasion by filing a writ petition no. 6002 of 2024 which was disposed off by this court by means of ordered 11/07/2024 and the grievance of the petitioner which had been raised by means of a representation was directed to be considered and decided by the Registrar of Dr. Ram Manohar Lohia Avadh University, Ayodhya. The

¶15

said representation has been decided by means of the impugned order dated 15/16.07.2024.

¶16

5. While deciding the said representation the respondent no. 3 has duly considered the response of respondent no. 5 who has denied both the allegations levelled by the petitioner. It was submitted by the college that firstly there was no question of withholding the marksheet of the 5th semester examination in as much as the same has not been received from the University itself, and secondly it was the duty of the candidate to fill up the examination form while the petitioner has not filled up the examination form himself for which the college cannot be had to be responsible.

¶17

6. Respondent no. 3 while deciding the said representation has held that in case the examination form is received by the university, it would have no objection in permitting the petitioner to appear in the forthcoming 6th semester LLb examination.

¶18

7. Learned counsel of the petitioner has submitted that he has already filled up the form and submitted the requisite examination fees and a copy of the said form has been annexed as annexure no. 4 to the writ petition. It has further been submitted that the said examination form has not been forwarded to the university by the college and consequently the admission card has not been issued, and hence the petitioner is being denied appearance in the said examination.

¶19

8. In the aforesaid circumstances, and also considering the fact that the examinations are commencing from 7:00 AM tomorrow i.e 18/07/2024, and the educational career of the petitioner is at stake, and only for the fact that the petitioner has been unable to deposit the education fee to the college, as an interim measure the respondents are direct to permit the petitioner to appear provisionally in the forthcoming 6th semester LLb examination commencing from 7:00 AM tomorrow. Respondent no. 5 is also directed to forward the examination form of the petitioner to the university forthwith. Sri Puneet Chandra, learned counsel has assured that he will communicate the present order to the respondent no. 5 for compliance.

¶20

9. Sri Mahendra Kumar Srivastava, counsel for the University is directed to communicate this order to the University, who in turn shall take all measures necessary for permitting the petitioner to appear in the 6th semester LLb examination commencing from 7.00AM tomorrow. The University shall take due cognizance of the examination form which has been annexed along the writ petition. The issue pertaining to payment of the balance tuition fees as well as declaration for his result shall be decided after exchange of affidavits. The respondents are directed to file their counter affidavit within 10 days and the petitioner shall file rejoinder within 3 days thereafter.

¶21

10. List the matter on 29th July, 2024 in top ten cases.

¶22

11. It is also provided that the respondents shall proceed to comply the present order on obtaining the copy from the website of this court and will not wait for the certified copy for compliance of the order.

¶23

12. The Registry of this Court is directed to provide certified copy of this order today as per rule."

¶24

Considering the fact that the order of this Court has been complied with and the petitioner has already appeared in the sixth semester examinations and he has submitted that he shall deposit the remaining amount of fee within next three months.

¶25

Considering the above, there is no requirement of keeping the petition pending, accordingly, the same is disposed of with a direction to the petitioner to deposit the remaining amount of fee within three months and the respondent no.2 shall declare the result of the petitioner on his depositing the entire fee.

¶26

With the aforesaid directions, the petition stands disposed of .

¶27

It is made clear that this Court has not restrained the petitioner from moving the respondent college for considering any representation with regard to the dispute of the fee.

¶28

Order Date :- 13.8.2024 KR

¶29

(Alok Mathur,J.)

¶30

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar Yadav v. State of U.P Thru. Prin. Secy. Higher Education Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Yadav v. State of U.P Thru. Prin. Secy. Higher Education Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

M/S Sri Parshawa Traders Bhagauli Road Fatehpur Distt. Vs Commissioner of Commercial Tax U.P. Commercial Tax Bhawan

Shabbu @ Shabab Ahmad Vs State of U.P. Thru. Prin. Secy. Home Lko.

M/S Sai Carriers ,Lko. Thru. Proprietor Anuj Kumar Vs State of U.P. Thru. Prin. Secy. (Deptt. of State Tax)Lko. and 2 Others

Shubhankit Shukla @ Golu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrett. Lko.

Saumya Shukla vs State of U.P. Thru. Addl. Chief Secy. Deptt. Empowerment of Persons With Disabilities, and 6 Others

Smt. Bitto Devi vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 2 Others