Disposed

Yasbeen Bano v. Vice Chancellor Mahatma Gandhi Kashi Vidyapith and 3 Others

Allahabad HC8 Jul 2024WRIC/19828/2024

Case brief

AI extract

What is this about?

Petitioner sought writ mandamus to appear in B.A. IIIrd year supplementary exams at Mahatma Gandhi Kashi Vidyapith. Citing financial constraints and pandemic disruptions causing delay in fee payment and exam appearance, petitioner applied for voice. High Court, without adjudicating merits on admissibility, directed Registrar to consider pending representation within four weeks.

What did the court decide?

Direction to Registrar, respondent No. 2, to consider and decide petitioner's representation/application expeditiously within four weeks.

Yasbeen Bano vs Vice Chancellor Mahatma Gandhi… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:110196

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Court No. - 34

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Case :- WRIT - C No. - 19828 of 2024

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Petitioner :- Yasbeen Bano

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Respondent :- Vice Chancellor Mahatma Gandhi Kashi Vidyapith And 3 Others Counsel for Petitioner :- Yadvesh Yadav Counsel for Respondent :- Shashi Prakash Rai

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Shri Yadvesh Yadav, learned counsel for the petitioner and Shri Shashi Prakash Rai, learned counsel for respondent Nos. 1, 2 and 3.

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By means of the present writ petition, the petitioner has prayed for a writ in the nature of mandamus directing the respondentsauthorities to permit the petitioner for appearing in the supplementary Examination of B.A. IIIrd year conducted by Mahatma Gandhi Kashi Vidyapith, Varanasi during the year 2024.

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Submission of learned counsel for the petitioner is that the petitioner has passed the High School Examination in the year 2016 from Gautam Buddha Girls Uchchatar Madhyamik Vidyalaya, Lohta, Varanasi and the Intermediate Examination in the year 2018 from Maa Saraswati Balika Inter College, Chandpur, Varanasi. After passing the Intermediate Examination, the petitioner took admission in Bachelor of Arts as a regular student in the year 2019 in the Sanjay Memorial Women's College Kerakatpur, Varanasi, which is affiliated with Mahatma Gandhi Kashi Vidyapith, Varanasi with the subjects Sociology, Home Science and Political Science. It is further submitted that the petitioner appeared in the examination of B.A. Ist year, 2019 from Sanjay Memorial Women's College, Kerakatpur, Varanasi and passed the examination of B.A.-Ist year in 2019. It has been categorically submitted by the learned counsel for the petitioner that due to COVID-19 pandemic neither online classes could take place nor the examination was conducted by the Institution and the petitioner was promoted to the B.A. IInd and IIIrd year.

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Submission of learned counsel for the petitioner is that due to financial problem before the petitioner and her parents, who are financially week, the fee of the B.A. IIIrd could not be deposited

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by the petitioner, as such the petitioner was not able to appear in the said examination. It is further submitted that father of the petitioner has moved an application to the Registrar, Mahatma Gandhi Kashi Vidyapith, Varanasi on 7.10.2023 which is still pending for consideration. By means of the said application, the petitioner has prayed that she may be included in B.A.-IIIrd Year examination in the forthcoming examination to be held.

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Per contra, learned counsel appearing on behalf of respondents submits that there is no such provision for allowing the petitioner to appear in the supplementary examination since five years have already elapsed. Further the petitioner never applied in the aforesaid college for appearing in the examination as ex-student of the college. As per Rules, it is not legally permissible to allow the petitioner to appear in the examination.

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After arguing the matter at some length, learned counsel for the petitioner submits that she has already moved an application/representation for ventilation of her grievances before the Registrar-respondent No. 2 but the same is pending for consideration. He confined his prayer to the extent that a writ in the nature of mandamus be issued directing the Registrar respondent No. 2 to consider and decide the said petitioner's representation/application.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Registrarrespondent No. 2 to consider and decide the petitioner's representation / application strictly in accordance with law, as expeditiously as possible, say preferably within a period of four weeks from the date a fresh representation/application along with certified copy of this order is preferred before him.

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This petition is accordingly disposed of.

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Order Date :- 8.7.2024 Sumaira

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Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad

Yasbeen Bano v. Vice Chancellor Mahatma Gandhi Kashi Vidyapith and 3 Others

Case brief

What is this about?

What did the court decide?

Yasbeen Bano v. Vice Chancellor Mahatma Gandhi Kashi Vidyapith and 3 Others

Case brief

What is this about?

What did the court decide?

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