Educational
crpc
(Querist) 28 May 2013
This query is : Resolved
Dear Sir,
"
Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for petitioner as well as Mr. Lalit Shukla, learned counsel for opposite parties no. 2, 3 and 4 and the learned Standing Counsel appearing for opposite party no. 1.
The writ petition has been filed challenging the order dated 19.1.2012, a copy of which is annexed as Annexure-10 to the writ petition whereby petitioner has been asked to take necessary steps for appearing in two papers of second semester of M. Tech. (Computer Science & Engineering).
Learned counsel for petitioner submits that petitioner had taken admission in M.Tech. (Computer Science & Engineering) Session 2007-08 which is four semester course. The petitioner had successfully passed the first semester. In the second semester he was declared failed in two papers. The marksheet of second semester M.Tech.(CS/IT) 2007-08 indicates that petitioner had obtained 92 marks in paper CS/IT-211 whereas 67 marks in paper CS/IT-251, 80 marks in paper CS/IT-261 and 60 marks in paper CS/IT-222. In fact he was passed in two papers of CS/IT-211 and CS/IT-261. The petitioner was promoted to take admission in third semester examination along with two back papers relating to second semester. The opposite parties have not officially declared the result of all subjects of second semester examination, 2007-08 including back examination of the petitioner and by the impugned order has directed the petitioner to appear again in two papers of second semester in which he was already declared passed.
Learned counsel for University on the other hand submitted that petitioner could not have been admitted in third semester with two carryover back papers, however, University taking lenient view in the interest of the student has accepted the appearance of petitioner in third semester examination along with two back papers but petitioner has been directed to appear again in two papers of second semester. The petitioner has not taken any steps to appear again in two papers of second semester, as such, he has not been allowed to take admission in fourth semester.
Learned counsel for petitioner in reply submitted that result of third semester examination along with two back papers has been declared and the petitioner has been declared passed in third semester as well as in two back papers relating to second semester.
I have considered the submissions made by parties counsel.
It is admitted position between parties that petitioner had cleared two papers i.e. CS/IT-211 and CS/IT-261 in second semester M. Tech. 2007-08, a copy of mark-sheet is on record at page 62. There is also no dispute that the University has allowed the petitioner to appear in third semester in which as per petitioner he has been successful and declared passed. Once the petitioner has passed two papers of M.Tech. CS/IT in the academic session 2007-08, there cannot be any justification for directing him to appear again in the examination for said papers. The University shall declare the result of petitioner's second semester M.Tech (CS/IT) 2007-08 and in case petitioner has passed third semester M.Tech. (CS/IT) and has also passed in two carryover back papers relating to second semester then he shall be entitled to get admission in fourth semester M.Tech (CS/IT).
The order impugned dated 19.1.2012 as contained in Annexure-10 to the writ petition to the aforesaid extent is quashed.
The� writ petition is allowed.
"
Above is the order from the HC Lucknow for university.It is delivered to university at 25/05/13. Till now university is absolutely zero action in compliance of same.
What we must do further -
1. Reminder letter to university.
2. Filing Revision of this order.
3. Filing contempt of court (kindly note that order do not contain any time limit).
As this order do not contain the time limit.
Kindly suggest best option even not listed in above.
Regards
AR
V R SHROFF
(Expert) 28 May 2013
Such hundreds of contempt of court orders against many University in India: NO ACTION TAKEN !!!!!!!!!!!!!!!
seems to be
[1]academic Query
[2]by student &
[3]Anonymous.
Guest
(Expert) 28 May 2013
There is a shortcoming in the court order. The order does not contain any specific period within which or up to which date the university should declare the result. So, you will have to make personal efforts to get the result declared timely from the university in pursuit of the the judgment.
R.K Nanda
(Expert) 28 May 2013
no more to add.
