Mohd. Shariq Khan and Another vs Vice-Chancellor, University of Lucknow and Others

Rajiv Sharma, J.—Heard Mr. C. M. H. Hasmi, learned Counsel for the petitioners and Sri I.B. Singh, learned Counsel for the opposite parties.

With the consent of learned Counsel for the parties, the writ petition is being disposed of finally at the admission stage itself.

It has been contended by the learned Counsel for the petitioners that on account of some financial constraints in the family, they could not deposit the fees of Law Honours Third Semester Examination within the stipulated time as prescribed by the University. On account of non-deposition of the fees, they are not being allowed to participate in the Law Honours Third Semester Examination, 2008, which is going to start from 2.12.2008.

On the other hand, Sri I.B. Singh, learned Counsel, appearing on behalf of the University, has submitted that the last date for submission of forms of Law Honours Third Semester Examination, 2008 was 30.9.2008, which was extended from time to time and lastly, it was extended upto 10.11.2008 and thereafter upto 17.11.2008 with late fees. He has submitted that the petitioners deliberately had not deposited the fees and there was no financial constraints in the family. He has further submitted that examinations are going to commence from 2.12.2008 and as such, it is not practically possible for the University authorities to arrange question papers, sitting arrangements for these students and there is no explanation as to why they approached this Court too late.

Considering the peculiar facts and circumstances of the case and without entering into the merits of the case, it is provided that in case the petitioners deposit forms of Law Honours Third Semester Examination, 2008 along with late fees as notified by the University while extending the period of depositing the fee along with late fee by 29.11.2008, the University authorities are directed to accept the same and if the petitioners are otherwise eligible for appearing in the aforesaid examination, admit card shall be issued to them by 30.11.2008. In case the authorities of the University feels some difficulties in allocating seats to these petitioners in the aforesaid examinations, it will be open for the University authorities to make appropriate arrangement for these students in one room.

Since the aforesaid orders has been passed in the presence of the learned Counsel for the parties, Sri I.B.Singh, learned Counsel for the University, Sri I.B. Singh will inform the Registrar of the University for compliance of the order.

It is made clear that the aforesaid order has been passed in peculiar facts and exceptional circumstances of the case and shall not be a precedent.

With these observations and directions, the writ petition is disposed of finally.