Judgment:
1...W.P.No.3559 o”
14. 03.2013 Shri Pratyush Tripathi, Counsel for the petitioner.
Shri Rahul Jain, Dy.
A.G.for the respondent No.1.
Shri Tabrez Sheikh, Counsel for respondent No.3.
I.A.4035/13 for granting permission to the petitioner to appear in the 3rd Professional Examination [wrongly typed in the application as '4th Professional Examination'].schedule from 16.3.2013.
it is submitted by the petitioner that the petitioner's result for 2nd Professional Examination for the revaluation was declared by the respondent on 11.3.2011 and the petitioner could appear in the 2nd Professional Examination on 17.3.2012 and thereafter the petitioner was prosecuting studies for 3rd Professional Examination couRs.but has not been permitted by the respondents to appear in the examination only on the ground that the petitioner has not prosecuted studies for 12 months which is the requirement under the M.C.I.Rules.
It is submitted that the factual position is that the petitioner has been prosecuting her studies from March,2012 and till date she has completed nearabout 12 months studies and is entitled to appear in the ensuing examination scheduled from 16.3.2013.
Shri Sheikh, learned counsel appearing for the respondent No.3 submits that the petitioner was not prosecuting her studies and only after the order dated 29.8.2012, she was permitted to attend the classes and till date the period of 12 months has not completed.
It is also submitted that because of the aforesaid factual position, the petitioner is not eligible for the examination scheduled from 16.3.2013.
The aforesaid contention is opposed by Shri Tripathi who submitted that though the petitioner was attending the classes since March,2012 but in the meantime she was not permitted to attend the classes so she moved the application.
After the order dated 2...W.P.No.3559 o”
14. 03.2013 29.8.2012 she has been permitted to attend her classes and till date she has prosecuted her studies for nearabout 12 months.
It is submitted that the respondents be directed to examine the factual position, as the petitioner has prosecuted her studies for 12 months and she may be directed to appear in the ensuing examination.
Shri Sheikh, Counsel appearing for the University submits that the respondent No.4 College may be directed to issue a certificate in this regard in respect of completion of the couRs.by the petitioner, but considering the fact that the respondent No.3 University has to conduct the examination, after its due satisfaction that the petitioner has undergone 12 months studies, we find it appropriate to direct the respondent No.3 to examine the aforesaid issue and if the respondent No.3 finds that the petitioner has undergone 12 months studies for 3rd Professional Examination , the petitioner shall be permitted to appear in the examination schedule from 16.3.2013.
All the exercise shall be done by the respondent No.3 before commencement of the scheduled Examination.
With the aforesaid order this I.A.4035/13 is finally disposed of.
Be listed for hearing in the 3rd week of April,2013.
A typed copy of this order be supplied to Shri Tabrez Sheikh.
C.C.today.
(Krishn Kumar Lahoti) (M.A.Siddiqui) Judge Judge vj 3...W.P.No.3559 o”
14. 03.2013