- (1.) The petitioner preferred Writ-C No.62423 of 2014 with the grievance that he was not being permitted to appear in the fifth semester examination of L.L.B. course. The writ petition was entertained by this Court and the following order was passed on 4.12.2014:- "The petitioner could clear only 7 papers in his Ist and IInd semester examinations of first year. He was promoted to second year, where he has cleared all papers of IIIrd and IVth semester. It is contended that the petitioner having cleared all papers in IIIrd and IVth semester, is entitled to appear in Vth semester of third year. However, the university, relying upon the provisions of the ordinances, has taken a stand that petitioner cannot be permitted to appear in Vth semester examinations and will have to repeat in first year. It is submitted that once the petitioner has cleared all papers of IIIrd and IVth semester of second year, it would rather be arbitrary to insist upon the petitioner to appear in first year allover again. Prima facie, the argument appears to have substance and matter requires consideration. Notices on behalf of respondent no.1 and 2 have been accepted by Sri Lovlesh Shukla. Issue notice to respondent no.3, for which, steps be taken within a week. All the respondents may file counter affidavit within four weeks. Petitioner will have a week thereafter to file rejoinder affidavit. As an interim measure, it is provided that the petitioner would be allowed to pursue his studies in Vth semester and undertake ensuing examinations of Vth semester and would also be allowed to appear in all 5 papers of Ist semester of first year as well. However, this shall be subject to further orders, which may be passed, by this Court."
(2.) In pursuance of the interim order of this Court referred above, the petitioner was permitted to appear in the fifth semester examination as well as five papers of the first semester examination which the petitioner could not pass in the first attempt. The case of the petitioner is that he has passed the fifth semester examination and thereafter, he also appeared in the sixth semester examination. However, his marksheet of the fifth semester is not being issued to him.
(3.) Under the order of the Court dated 4.12.2014, the petitioner was permitted to appear in the fifth semester examination as an interim measure. The aforesaid permission granted to the petitioner had been made subject to further orders that would be passed in the said writ petition. It is in view of the said fact that the result of the fifth semester examination of the petitioner has not been declared by the University. In the opinion of the Court, the remedy of the petitioner is to file application in the pending writ petition and not by means of a fresh writ petition.;