Disposed

Sneh Lata v. State of Up and 3 Others

Allahabad HC22 Jul 2024WRIC/23080/2024

Case brief

AI extract

What is this about?

Petitioner, an LL.B. student barred from back paper exams due to a six-year expiry limit and pandemic-related delays, sought a writ directing the University to consider her grievance. The Court disposed of the petition by directing the Registrar to sympathetically consider her representation within two weeks.

What did the court decide?

The Court directed the Registrar of the University to consider the petitioner's representation sympathetically regarding her admission to back paper exams and pass appropriate orders within two weeks.

Sneh Lata vs State of Up and 3 Others — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126638

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Court No. - 34

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Case :- WRIT - C No. - 23080 of 2024 Petitioner :- Sneh Lata Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shivendra Kumar Gupta,Siya Ram Verma

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Counsel for Respondent :- C.S.C.,Rohit Pandey

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Siya Ram Verma, learned counsel for the petitioner and Ms. Tanya Mishra holding brief of Sri Rohit Pandey, learned counsel for respondent nos.2 and 3.

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By means of the present writ petition, the petitioner has prayed for following relief:-

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"I. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 to allow the petitioner to appear in back paper examination of respective subject Jurisprudence 1st paper of 5th semester of L.L.B. 3 years Batch year 2015-18 in the next coming Semester Examination of L.L.B. three years Course in year 2024 going to be held in the first week of month of August, 2024 or in the next coming semester examination of December, 2024 and thereafter declare the result of the petitioner forthwith.

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II. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 to schedule and conduct the semester back paper examination in year 2024 for Jurisprudence 1st paper of 5th Semester of L.L.B. 3 years Batch year 2015-18 on the filled online applications form in the year 2020-21 of the petitioner."

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The submission of learned counsel for the petitioner is that petitioner, as a regular student, pursued the L.L.B. 3 years course in the academic year 2014-15 to 2017-18 from Aziz College of Law, Jahangirpur, Shahjahanpur, Ramabai Nagar. The petitioner except 5th Semester Examination (year 2014-15 to 2017-18) passed all the Semester Examinations of L.L.B. 3 years course. It is further submitted that the petitioner in 5th Semester Examination got only 29 marks out of 100 marks, in the Jurisprudence subject, although, 36% minimum marks was required as passing mark in individual paper.

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Learned counsel for the petitioner further submitted that the petitioner was promoted to the 6th Semester and appeared in 6th Semester Examination for the academic session year 2017-18 and

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passed the same. The submission of learned counsel for the petitioner is that due to Covid-19 pandemic, petitioner could not apply for the back paper within the time frame of six years, as provided under the Rules. It is also submitted by learned counsel for the petitioner that the petitioner has applied online on 29.09.2021 for appearing in Semester Back Paper Examination 2020-21 for first paper of 5th Semester in Jurisprudence subject and deposited the fee of Rs.5,500/- as special back paper examination fee. However, the respondent University did not allow the application of the petitioner and as such, no admit card was issued to the petitioner permitting her to appear in the special back paper examination in year 2020-21.

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Per contra, learned counsel for the respondent University submits that the petitioner is not entitled to appear in the special back paper in question for the simple reason that the outer limit of six years has already been expired as contemplated under the General Rules for L.L.B. (Three Year) (Six Semester) Degree Course (Session 2010-11 and onward).

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After arguing the matter at some length, learned counsel for the petitioner confines his prayer to the extent that this Court may issue a direction to the respondent University to consider the representations filed by the petitioner before the Examination Controller (respondent no.3).

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Taking into consideration the peculiar factual matrix of the case, this Court without making any observation on the merits of the case deems it appropriate to finally dispose of the present writ petition, with liberty to the petitioner to move a fresh representation narrating the facts and circumstances in detail along with the certified copy of this order, before the Registrar, Chhatrapati Shahu Ji Maharaj University Kanpur Nagar, who shall sympathetically consider the grievance of the petitioner and pass appropriate orders on the said representation of the petitioner keeping in mind the future prospects of the petitioner within a maximum period of two weeks from the date of receipt of the said representation.

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With the aforesaid direction, present writ petition is disposed of .

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Order Date :- 6.8.2024/Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Sneh Lata v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Sneh Lata v. State of Up and 3 Others

Case brief

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