Riya Mirchandani D/o Shri Bharat Mirchandani v. State Of Madhya Pradesh
2024-05-03
VIVEK RUSIA
body2024
DigiLaw.ai
ORDER : The petitioner has filed the present petition under Article 226 of the Constitution of India seeking permission to appear in Seventh Semester Examination of B.B.A., LL.B. (Honours) Course which was going to commence from 20.02.2023. 2. The petitioner took admission in B.B.A., LL.B. (Honours) Five Years integrated Course in Indore Institute of Law, Indore, which is affiliated with Devi Ahilya Vishwa Vidyalaya, Indore (respondent No.2). The petitioner cleared First Semester Examination on 06.10.2020. Second Semester Examination was held in January, 2021, the result was declared on 30.06.2021. Due to ill health, the petitioner could not appear in one theory subject of Managerial Economics, therefore, the result was declared with ATKT (Allowed to Keep Terms). Thereafter, the petitioner was permitted to take admission and appear in the examination of Third Semester and Fourth Semester; the results were declared on 26.08.2021 and 25.10.2021 respectively; and the petitioner cleared both the Semesters. Thereafter, she was permitted to take admission and appear in the examination of Fifth Semester and the result was declared on 29.09.2022. The examination of left over subject (ATKT) of Second Semester was conducted on 05.12.2022 in which she appeared but the result was awaited at the time of filing this petition. 3. Meanwhile, the Examination Controller, Devi Ahilya Vishwa Vidyalaya, Indore (respondent No.3) has declared Time Table/programme for examination of Seventh Semester Examination. The petitioner paid Tuition Fee and filled the Form to appear in Seventh Semester examination. According to the petitioner, she tried to submit Examination Form online on website of respondent No.2 – University, but the portal was showing “Service Unavailable”. Thereafter, she contacted respondent No.4 an also visited MP Online Kendra, but could not fill the form online. Thereafter, on 17.02.2023, she visited the University and tried to submit the application form, but the same was not accepted. Hence, she filed this petition on 19.02.2023 i.e. Sunday and requested the Principal Registrar for taking up this matter urgently, as the examinations were going to commence on 20.02.2023 i.e. Monday. A Special Bench was constituted and the counsel for the petitioner was heard online. 4. Learned counsel appearing for the petitioner argued that the result of ATKT examination was declared on 12.06.2021, the petitioner has become eligible to appear in Seventh Semester Examination.
A Special Bench was constituted and the counsel for the petitioner was heard online. 4. Learned counsel appearing for the petitioner argued that the result of ATKT examination was declared on 12.06.2021, the petitioner has become eligible to appear in Seventh Semester Examination. The last date for submission of the Forms to appear in the said examination had expired, hence, DAVV is not permitting her to appear in the examination. Believing on this submission, by way of interim relief, this Court directed DAVV to accept the form of the petitioner and permit her to appear in the examination on 20.02.2023. DAVV was also directed to permit all the similarly situated students, as the petitioner pleaded that there was a technical glitch in accepting the form. 5. In compliance of the interim relief, the petitioner was permitted to appear in the examination of Seventh Semester. Thereafter, she amended the writ petition and sought permission to appear in Eight Semester to Tenth Semester Examinations to complete B.B.A., LL.B. (Honours) Course. 6. Respondents No.2 and 3 – DAVV filed a reply by submitting that the petitioner has suppressed the important facts to obtain the interim order. In fact, the petitioner was not eligible to take admission even in Fifth and Sixth Semester Examinations, as she did not clear Second Semester Examination, in view of Sub Clause (8) of Ordinance 226 of the University which is filed as Annexure R/1. 7. The respondents also filed an application seeking dismissal of the writ petition (I.A. No.2513 of 2024) on the ground that she has not approached the Court with the clean hands. The result of the petitioner of Second Semester was already declared in the month of January, 2021 and she did not pass supplementary examination. She again appeared in the same left over subject on 05.12.2022 of which the result was not declared. 8. It is further submitted by the learned counsel for the DAVV that the petitioner was aware that respondent – DAVV was not permitting her to submit the form to appear in Seventh Semester Examination on the ground that she did not clear Second Semester Examination and she could not have appeared in Fifth Semester Examination. She did not disclose this fact before this Court and got an interim order. The respondents filed an undertaking given by the petitioner on 01.12.2022 that the result of ATKT has not been declared.
She did not disclose this fact before this Court and got an interim order. The respondents filed an undertaking given by the petitioner on 01.12.2022 that the result of ATKT has not been declared. She has also given a written application on 17.02.2023 to the Register of DAVV which is filed as Annexure R/5. There was no such technical glitch in accepting the form. 9. The petitioner filed a reply to the aforesaid interlocutory application admitting letter Annexure R/4 and Annexure R/5 written by her, but explained that for appearing in the examination of Seventh Semester, she was compelled to give an undertaking. She is also blaming respondent No.4 that the undertaking has been taken to save their skin. It is submitted that the college allowed her to appear in Fifth and Sixth Semester Examinations. 10. Learned counsel appearing for DAVV has produced the form filled by the petitioner for taking admission in Seventh Semester Examination in which she did not disclose about ATKT in the Second Semester Examination. 11. Sub Clause (8) of Ordinance 226 is reproduced below: - “8. PROMOTION RULES. (a) A candidate shall not be admitted in the fifth or higher semester classes unless he / she has fully cleared the first and second semester examinations. (b) A candidate shall not be admitted in the seventh or higher semester classes unless he / she has fully cleared the third and fourth semester examinations. (c) A candidate shall not be admitted in the ninth or higher semester classes unless he / she has fully cleared the fifth and sixth semester examinations.” It is clear from the aforesaid rule, that a candidate shall not be admitted to Fifth or Higher Semester unless she/she has fully cleared the First and Second Semester examinations. It further says that a candidate shall not be admitted in Seventh or Higher Semester classes unless he/she fully cleared the Third and Fourth Semester Examinations. Likewise, for Ninth or Higher Semester Classes also, he/she is required to fully clear the Fifth and Sixth Semester Examinations. 12. The petitioner has not disclosed all these aforesaid regulations in the writ petition, that the respondents are not permitting her to appear in Seventh Semester Examination, because of Rule / Clause 8 of Ordinance No.226 (Annexure R/1) and as per Annexure R/4 and Annexure R/5.
12. The petitioner has not disclosed all these aforesaid regulations in the writ petition, that the respondents are not permitting her to appear in Seventh Semester Examination, because of Rule / Clause 8 of Ordinance No.226 (Annexure R/1) and as per Annexure R/4 and Annexure R/5. It is clear that the petitioner was well aware that on 17.02.2023 she was not permitted to fill the forms because she has not cleared Second Semester Examination. She got an interim order to appear in the Seventh Semester Examination from this Court on Sunday (19.02.2023) by suppressing the correct facts. She cannot claim parity of this interim order. Her admission to Class Semester Third and Fourth was not permissible, as per above regulations. The petitioner’s forms of Semesters Third and Fourth submitted by her in the college are also liable to be checked by the University. The petitioner, who is desirous to join this noble profession of law, cannot be permitted to get a Degree of B.B.A., LL.B. (Honours) by adopting illegal means and contrary to the law/regulations. Therefore, the present petition is dismissed. The appearance of the petitioner in Seventh Semester on the basis of interim order shall not be entitled to take her admission in Eighth Semester and subsequent Semesters. Unless all the Semesters from One to Sixth are regularized, she will not be permitted to participate for the higher Semester. 13. The present petition is dismissed with a cost of Rs.20,000/- (rupees twenty thousand only), which will be payable in the account of DAVV. Pending interlocutory application, if any, stands disposed off.