Arun Tandon, J. - (1.) Heard Sri K.K. Tiwari on behalf of the petitioner and Smt. Sunita Agarwal on behalf of all the respondents.
(2.) Petitioner, who was a regular student of LL. B. 2nd Year From Sant Vinoba Post Graduate College, Deoria, appeared in the LL. B. 2nd Year Examination, which was held on 10th June, 2000. In the said examination the petitioner was involved in use of unfair means and as a result whereof the Gorakhpur University passed an order dated 23.4.2000, whereby the examination of the petitioner of the year 2001 (excluding the tutorial) was cancelled and further the petitioner was debarred from appearing in the University examination in the next year i.e. 2002. After the aforesaid period was completed, the petitioner was again admitted in 2003 as ex-student in LL. B. 2nd Year. The petitioner deposited requisite fee for appearance as exstudent in LL. B. 2nd Year Examination to be held in the year 2003. Information of the petitioner being an ex-student was communicated by the Principal of the institution vide letter dated 20th January, 2003 to the University, copy whereof has been enclosed as Annexure-6 to the writ petition. The University vide notification dated 10th April, 2003 informed all the ex-students that the examination for Third Semester and Fourth Semester of 2nd year LL.B. Course shall be held in the month of July and November, 2003 respectively. However,, by means of the impugned order dated 24th June, 2003, the University has cancelled the aforesaid examination of the ex-students, which w|s scheduled to take place in the month of July and November, 2003. Feeling aggrieved by the aforesaid action of the University, petitioner has filed the present writ petition.
(3.) On behalf of the University a counter affidavit has been filed and reliance has been placed upon the Ordinances relating to Faculty of Law regulating the appearance of students for L.L.B. Examination. On the strength of Clause 13 of the said Ordinances, it is contended that petitioner is not entitled to appear as an ex-student inasmuch as a candidate can be permitted to appear as ex-student only for next to consecutive years after his first failure to pass or to appear at such examination. According to respondents, since the petitioner's examination of year, 2001 has been cancelled and he debarred for the year 2002, the restriction of two consecutive years, as applicable under Clause 13 was attracted and, therefore, petitioner cannot be permitted to appear as ex-student and writ petition filed by the petitioner be dismissed.;