Disposed

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

Allahabad HC17 Jul 2024WRIC/6177/2024

Case brief

AI extract

What is this about?

Student denied admission card to 6th semester LL.B examination because his college did not forward his examination form owing to unpaid tuition fees. Court directed respondents to permit him to appear provisionally, required the college to forward the form, and left fee-payment and result-declaration issues for adjudication after affidavits.

What did the court decide?

Petitioner permitted to appear provisionally in the forthcoming 6th semester LL.B examination; college directed to forward examination form to university forthwith; counter affidavit within 10 days.

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

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In Residence

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

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

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

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Hon'ble Alok Mathur,J.

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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.

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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.

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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.

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

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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 mark-sheet 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

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examination form while the petitioner has not filled up the examination form himself for which the college cannot be had to be responsible.

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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.

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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.

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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.

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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.

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

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It is also provided that the respondents shall proceed to comply the present order on obtaining the copy from the

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website of this court and will not wait for the certified copy for compliance of the order.

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

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(Alok Mathur, J.)

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Order Date :- 17.7.2024

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Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV 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

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

Case brief

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What did the court decide?

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