Rajiv Sharma, J. - (1.) SINCE the common questions of law and facts are involved in these writ petitions, as such, they are being decided by a common order.
(2.) HEARD learned counsel for the petitioners and Sri U.N. Mishra, learned counsel for the University. In writ petition No. 5955 of 2008 (MS): Mayank Kumar Singh and others versus University of Lucknow and another, counsel for the petitioners has submitted that all the six petitioners were declared unsuccessful in Fourth Semester of LLB Honours in some papers and as such, they are eligible to appear in back paper as per the Notification dated 16.9.2008. However, the authorities of the University are arbitrarily forcing the petitioners to appear in all the papers, whereas the petitioners have prepared themselves for the subject paper in which they were declared failed. He further pointed out that petitioners are at present pursuing studies of Fifth Semester after deposit of the requisite fee. It was also pointed out that in the admit card, they have filled the subject (question paper) of Third Semester (LLB Honours) in which they have to appear and the requisite fee i.e., Rs.270.00 was deposited which was also accepted but the University authorities while issuing the admit card have mentioned that the petitioners should appear in all the papers of Third Semester as an exempted candidate. This arbitrary action of the University authorities would result in loss of one academic year, which would obviously affect the future career of the petitioners. Therefore, the petitioners have prayed that they should be allowed to appear in LLB (Hons.) Fifth Semester Examination, 2008 and further not to compel the petitioners to appear in all the papers of Third Semester of which mark-sheet has already been issued to them instead be allowed to appear in LLB Third Semester Paper/subject, in which they were declared failed.
(3.) IN writ petition No. 5995 of 2008 (MS), counsel for the petitioner has submitted that the petitioner is a bona fide student of LLB (Hons.) Five Years Course and at present, she is a regular student of Ninth Semester. The grievance of the petitioner is that the University authorities are not permitting the petitioner to appear in the back paper examination of Seventh Semester without there being any cogent reasons, which would adversely affect the career of the petitioner. Counsel for the petitioner has vehemently argued that the Apex Court in various decisions has laid down that education is a fundamental right, which cannot be curtailed or infringed without disclosing the reasons and following the due procedure of law. Therefore, the petitioners has prayed that she should be allowed to appear in LLB (Hons.) back paper of Seventh Semester Examination, 2008 so that her one academic year may not go waste.;