Arun Tandon - (1.) Heard learned counsel for the parties.
(2.) THESE eight writ petitions raise common questions of facts and law and therefore, are being decided by means of this common judgment. Civil Misc. Writ Petition No. 13692 of 2007, Nuzhat Sufaira v. Vice-Chancellor, Allahabad University and others, is being treated to be the leading case and the facts recorded in this judgment are with reference to the same. Parties have exchanged their affidavits and agree that the writ petition may be finally disposed of at this stage. Petitioner Nuzhat Sufaira, was admitted to B.A. Three Years degree course of the Allahabad University in the year 2003-04 as a regular student. B.A. Part-l examination of the relevant academic year of the petitioner took place in the year 2004. Petitioner appeared but failed in one of the subjects, namely, English. As per the Ordinances she appeared as Ex-student in the said subject in the examination of the year 2005. However, since the petitioner was caught using unfair-means, her examination was cancelled under the order of the University dated 10th March, 2006. Petitioner thereafter obtained admission as an ex-student of the University in respect of academic session 2006-07. She deposited requisite fee on 13th November, 2006 and made an application for change of the subject of English. Application was allowed and in place of subject English, she was permitted to appear in the changed subject 'Persian Language'. Petitioner deposited requisite examination form and fee with the University. The examinations in respect of the academic year 2006-07 were notified by the University to be held in the month of March, 2007 onwards. Petitioner was not issued an admit card. She therefore, filed her representation dated 8th March, 2007 before the Controller of Examination, Allahabad University, Allahabad. On the representation so made, an endorsement has been made to the following effect : ...[VERNACULAR TEXT OMMITED]...
(3.) PETITIONER has therefore, filed this writ petition for being permitted to appear in the University examination of B.A. Part-1 of the year 2007 as an ex-student. A counter-affidavit as well as a supplementary counter-affidavit has been filed on behalf of the Allahabad University.;