Syed Rafat Alam, J. - (1.) HEARD Sri R.P. Misra, learned counsel for the petitioner and Sri J.N. Verma, learned counsel for the respondents. Counter and rejoinder affidavits have been exchanged.
(2.) BY means of this writ petition, the petitioner seeks issuance of a writ of mandamus directing the respondents to admit her in LL.B. 3rd Year Course and also to permit her to appear in the final examination of the aforesaid course for the session 1995 -96. It appears that the petitioner was a regular student of LL.B. 3rd Year Course of Daya Nand College of Law affiliated to the Kanpur University. She passed her LL.B. Part -I examination in the year 1994 and consequently she appeared in LL.B. Part -II examination in the year 1995. However, in the aforesaid examination she was declared fail. The petitioner made an application for scrutiny/re -evaluation. After scrutiny the University declared the petitioner to have passed the LL.B. Part -II examination with second division. However, the respondents did not admit the petitioner in LL.B. Part -III Course on the ground of delay. Being aggrieved, the petitioner filed the present writ petition. This Court by an interim order dated 3.5.1996 permitted the petitioner to appear in LL.B. Part -III examination. Sri R.P. Misra, learned counsel for the petitioner submitted that the petitioner attended LL.B. Part -III classes for a period of two months and thereafter by virtue of the aforesaid interim order, she appeared in LL.B. Part -in examination. However, the result of the petitioner has not been declared in view of this Court's interim order. In the counter -affidavit, it has not been disputed that the petitioner has passed LL.B. Part -II examination. The only ground taken is that she approached the authority at a belated stage. Sri J.N. Verma, learned counsel appearing for the University vehemently opposed the petition and submitted that the petitioner is guilty of laches and negligence, inasmuch, as she approached the University at a very belated stage and, therefore, the University was justified in denying her admission in LL.B. III Year Course.
(3.) THE submission of the learned counsel for the University cannot be accepted for the reason that admittedly after scrutiny of her answer paper of LL.B. Part -II, she was declared pass in the month of March, 1996 and immediately thereafter she approached the University to provide her admission in III Year Course. When the University did not take any decision in the matter, the present petition was filed and, therefore, there is no laches or negligence on the part of the petitioner.;