Arun Tandon - (1.) -Heard Sri R. K. Ojha advocate on behalf of the petitioner and Sri Shashi Nandan, senior advocate, assisted by Smt. Sunita Agarwal advocate on behalf of respondents 1, 2, 3, 4 and 5. Notices were issued to respondents 6 to 9 by the office, under the orders of this Court, on 6.1.2004. However, nobody has put in appearance on their behalf.
(2.) URMILA Singh, the petitioner was admitted to LL.B. 3 years degree course in Deen Dayal Upadhaya Gorakhpur University, Gorakhpur (hereinafter referred to as the University) in the year 2000. The petitioner thereafter appeared in the 1st and 2nd semester examinations of the 1st year and was successful. The petitioner was, thereafter, admitted to LL.B. 2nd year and she cleared 3rd and 4th semesters examinations. The petitioner, thereafter, applied for admission to LL.B. 3rd year and deposited the requisite fee with the University. The petitioner passed her 5th semester examination in the month of April, 2003. The University issued a notification in respect of 6th semester examination of the 3rd year, however, the petitioner was not issued admit card despite endorsement being made by the Controller of the Examinations to the effect that the petitioner's roll number is 164231 and that the petitioner's admit card has not been withheld. However, the admit card was not issued to her as a consequence whereof the petitioner could not undertake the examination of 6th semester. The petitioner has filed the present writ petition with the prayer that the respondents be directed to permit the petitioner to appear in LL.B. 3rd year, 6th semester examination. Allegations of mala fide have been made by the petitioner in the writ petition against the respondent Nos. 6 to 9 who have been impleaded by name as well as in their official capacity. This petition came up for admission before this Court on 5.1.2004 and this Court vide order of the same date directed the respondents to permit the petitioner to appear provisionally in the remaining papers of LL.B. 3rd year, 6th semester which were scheduled to be held with effect from 2.1.2004, with the further observation that the question regarding holding of re-examination in the papers the examination whereof was held on 2nd January, 2004 would be considered by this Court at the time of hearing of the writ petition. A supplementary-affidavit dated 10th March, 2004 has been filed by the petitioner wherein it has been stated that the petitioner has appeared in the remaining papers of LL.B. 3rd year, 6th semester examination, however, the result of the petitioner was shown as incomplete. Further, on the basis of an alleged meeting of the Admission Committee which took place on 17th January, 2004 the petitioner was issued a show cause notice requiring her to explain as to why her admission to LL.B. course be not cancelled. The petitioner submitted a reply to the said show cause notice vide letter dated 25th February, 2004.
(3.) THE respondents in the counter-affidavit to the amendment application have brought on record the decision of the Admission Committee dated 4th March, 2004, whereby the admission granted to the petitioner in LL.B. 3 years degree course in the year 2000 has been cancelled. THE said order of the University has also been challenged by the petitioner in the present writ petition by means of amendment application dated 18.4.2004. Necessary counter and rejoinder-affidavits have been exchanged between the parties. I have heard learned counsel for the parties and gone through the record. In view of the order passed by the Admission Committee dated 4th March, 2004 the relief prayed for by the petitioner with regard to declaration of her result of LL.B. 3rd year 6th semester, after a direction to the respondents to hold the examination of the papers concerned which the petitioner could not undertake because of non-issuance of the admit card, would depend upon the issue as to whether the admission of the petitioner in LL.B. 3 year Degree Course in the year 2000 was strictly in accordance with law and as to whether the said admission of the petitioner has been legally cancelled under the impugned decision of the Admission Committee dated 4th March, 2004 as has been communicated to the petitioner vide letter dated 6th April, 2004.;