Arun Tandon - (1.) Heard Sri Arvind Kumar Srivastava, learned counsel for the petitioners, Sri P. S. Baghel, learned counsel for respondent Nos. 1 to 4.
(2.) PETITIONERS, namely, Pradutt Kumar Bharti, Ambika Prasad Chaudhary and Prem Sagar, were admitted to M.Sc. Two Years' Degree Course in the subject of Physics, as offered by the University of Allahabad for the academic Session 2004-05. According to the Ordinances, relating to M.Sc. Course in Physics, Faculty of Science, a student is required to appear in Four Semester examination of six months each (the total duration of the course is two years). According to the petitioners, the First Semester Examination subsequent to their admissions was held in the month of December, 2004, in which the petitioners were successful. They, thereafter, appeared in the Second Semester Examination, which was held in the month of September, 2005, in which petitioners were successful. The third semester examination was held in the month of December, 2005. According the system applicable, even before the result of 3rd semester was declared, petitioners were permitted to be admitted provisionally in the fourth semester. The result of the third semester examination was declared on 26th April, 2006. Petitioners were declared failed in two papers of the said third semester examinations. Even after having failed in third semester, petitioners were permitted to appear in fourth semesters examinations, which took place in the month of May, 2006. According to the petitioners in the month of June, 2006, they have been informed that the petitioners have cleared their fourth semester, however, no mark-sheet has been issued in favour of the petitioners in that regard. Since the petitioners had failed in two papers of third semesters, they applied for being permitted to appear in back papers of the aforesaid two subjects of third semester. Examination forms alongwith requisite fee were deposited by the petitioners in the month of August, 2006. They were issued admit cards. However, for reasons best known to the University, permission has been refused to the petitioners qua appearance in back papers of the aforesaid third semester. This refusal has given rise to the present writ petition. Petitioners submit that having regard to the conduct of the University, namely, admission of the petitioners in the fourth semester and their appearance in fourth semester examination and further the University having accepted, examinations forms alongwith requisite fee of the petitioners for appearance in the back papers in two subjects of third semester, the University cannot refuse (now after one year) permission to appear in back papers of 3rd semester. It is prayed that the University must declare their results of the third and fourth semesters examinations.
(3.) THIS Court, while entertaining the present writ petition on 5th December, 2006, required the University to permit the petitioners to appear in two back papers of third semester examination. However, it was provided that the result of the said examination shall not be declared without the leave of the Court. It is stated that the petitioners have appeared in first and second back papers of third semester, but their results have not been declared.;