Dilip Gupta, J. - (1.) THE petitioner, who was a student of LL.B. III Year in Dr. Bhim Rao Ambedkar University, Agra (hereinafter referred to as the 'University ') in the Academic Session 2007 -08, filed this petition on 7th May, 2009 for a direction upon the respondent -University to permit him to appear at the final year examination scheduled to start from 14th May, 2009.
(2.) IT is stated that the petitioner was admitted to the LL.B. Ist Year Course in the University in the Academic Session 2005 -06 and after passing the first year and second year examinations he was admitted to the LL.B. IIIrd year after depositing the requisite fees in the Academic Session 2007 -08. The Incharge, Faculty of Law demanded a sum of Rs. 15,000/ - from the students and distributed the examination forms to only those students who paid him Rs. 15,000/ -. The application form was not supplied to the petitioner as he did not pay the said amount even though he had moved an application on 18th April, 2009 for supplying the examination form so that he could appear at the examination which was scheduled to begin from 11th May, 2009. It has further been stated that subsequently the examination date was shifted to 14th May, 2009. This petition was, accordingly, filed for a direction upon the respondent -University to permit him to appear at the final year examination scheduled to start from 14th May, 2009. A counter affidavit has been filed on behalf of the University. It has been stated that after passing LL.B. IInd Year, the petitioner submitted his admission form for admission to the LL.B. IIIrd Year on 15th December, 2008 even though the classes had started on 4th December, 2008. After taking admission, the petitioner attended the class only on 31st March, 2009 in the month of March and thereafter he attended classes on 1st, 2nd, 3rd, 4th, 7th, 8th, 9th, 11th, 13th and 15th in the month of April, 2009. It has also been stated that the department sent information to the students who were not regularly attending the classes on 16th January, 2010 and 6th March, 2010 since the requirement of 75% attendance is mandatory. The petitioner did make a complaint against the Incharge, Faculty of Law to the Vice -Chancellor of the University on 2nd May, 2009 but in the meantime the petitioner also filed writ petition in which an interim order was passed on 11th May, 2009 provisionally permitting the petitioner to appear at the LL.B. IIIrd Year examination since the examination was to commence from 14th May, 2009.
(3.) IT has also been stated that LL.B. IIIrd Year examination actually started from 30th November, 2009 and not from 14th May, 2009 and in view of the interim order, the admit card of the petitioner was kept ready but the petitioner did not collect the same though all other students collected it and on the request made by the Superintendent (Legal) for collecting the admit card, the petitioner only stated that he will not appear in the examination as his case is pending in the High Court and in fact he also filed a Contempt Petition. It is for this reason that the admit card of the petitioner had to be served on the counsel for the petitioner on 11th December, 2009. The petitioner thereafter appeared in the examination on 14th December, 2009 and 16th December, 2009 but he did not deliberately appear in the earlier papers. It has, therefore, been stated that the petitioner had attended classes only for 10 days and his attendance was well short of the requirement of 75% attendance and, therefore, he was not eligible for appearing at the LL.B. IIIrd year examination.;