- (1.) 1. Pursuant to our order dated 12-10-2009, Vice Chancellor, Lucknow, University has taken a decision vide the notice/communication dated 20th November, 2009 (ref. no. 3317/COE/09) that irrespective of the number of papers wherein the candidates of 5 years LL.B. (Hons.) Course have failed, they shall be permitted to clear the back papers in the 'Special Examination' to be held in terms of the said notice.
(2.) We record a note of appreciation for the University Authority for showing special indulgence while keeping in view the future of such students who find themselves stranded in a state of utter confusion on account of relaxation of University Ordinance in the past three years. However, Dr. L.P. Mishra appearing for the petitioners expressed further apprehension that if the students are not allowed to appear in the examination of the last semester, they have been admitted, and have been attending classes, on account of failure in earlier semesters, they may not get degree of LL.B.(Hons.) within 7 years as provided in the Ordinance applicable for admission to the course of the academic session 2009-2010.
(3.) However, as the Ordinance would not cover the writ petitioners or other students who are similarly situated, having been admitted to LL.B.(Hons.) course much earlier, such apprehension appears to be totally unfounded. In order to clarify the position further, the University has passed a later order dated 26.11.2009, which on reproduction reads as under:- "With regard to the Communication sent by University Counsel about the query made by the Hon'ble High Court on 24.11.2009 in Special Appeal No. 52 of 2009, i.e. Vice-Chancellor, Lucknow, University v. Mayank Kumar Singh and Ors. , it is clarified that the result of the 'Special Examination' and subsequent promotion of the student to the next semesters of L.L.B. 5 years course shall be governed strictly as per the provision of the prevailing University Ordinances applicable on the students. Meaning thereby, if a student, who has already appeared as exempted candidate, appears in the 'Special Examination'(under one-time facility) and he again fails in the said 'Special Examination', he shall not be allowed to appear as an exempted candidate any further and he shall be declared failed in the L.L.B. 5 years course. However, such students who have not appeared as exempted candidate in the past, appear in the Special Examination(under one-time facility), again fail in the said Special Examination, they will be permitted to appear as Exempted candidates under the University Ordinance, so as to enable them to clear the concerned Semester, but if such students again fail as an Exempted candidates, they will finally be declared failed in the L.L.B. 5 years course and thereafter no request or representation shall be entertained.";