JUDGMENT :

Abdul Moin, J.

1. Heard Ms. Anupama Bhadauria, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned counsel appearing for the respondents no. 3 to 5.

2. Instant petition has been filed praying for the following main reliefs:-

(i) Issue a writ, order or direction in the nature of Certioari or any other Writ, order or direction of like nature setting aside the impugned order dated 23.08.2021 issued by the Respondent as contained in Annexure No. 1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus or any other writ, order or direction of like nature directing the Respondent to permit the petitioner to join the IIIrd Semester of the M.A English Programme along with Batch of 2020-22 at Lucknow campus, which is running since 08.09.2021.

3. The facts of the case have already been indicated by this Court while passing a detailed order on 05.04.2022 which for the sake of convenience is reproduced below:-

1.Heard.

2. Instant petition has been filed challenging the order dated 23.08.2021 passed by the respondent-University whereby the petitioner has been informed that as per the University ordinance there is no provision for reregistration of any semester of any course.

3. The case set forth by the petitioner is that she had taken admission in the M.A (English) course in the session 2019-21. However, on account of the COVID-19 pandemic which came in India in the year 2020 the petitioner suffered from Psychosis which has resulted in she being unable to appear for the examination in the third semester which was held from August, 2020 to December, 2020. In March, 2021 the petitioner applied to join the third semester of M.A (English) programme which has been turned down by the impugned order dated 23.08.2021, a copy of which is annexure 1 to the writ petition by indicating that as per the University ordinance there is no provision of re-registration of any semester of any course.

4. Learned counsel for the petitioner contends that once as per her medical condition which is duly certified by the doctor concerned she could not appear in the third semester, as such there cannot be any reason for not permitting the petitioner to join the third semester and appear for the examinations. In this regard, he has placed reliance on Clause XV (c) of the Ordinances Governing Academic and Administrative Matters (Based on UGC Model Ordinances-2012) of the English and Foreign Languages University, Hyderabad which specifically provides that the students whose admission is cancelled are required to re-register for the programme which can be permitted subject to certain conditions.

5. Learned counsel for the petitioner contends that once there is specific provision under the ordinance for re-registration of the students and her inability to join the third semester and appear in the third semester examination was on account of circumstances beyond her control rather on account of her medical conditions which duly finds support from the medical certificate issued by the competent doctor, as such the respondent-University be directed to re-register her for the third semester and to permit her to join the third semester and appear in the said examination.

6. On the other hand, Sri Hemant Kumar Pandey, learned counsel appearing for the University contends that as per Clause 15 (b) of the Ordinance, students who fail in two (50%) courses of a semester will not be promoted to the next semester and their admission stands cancelled. Placing reliance on the averments contained in the counter affidavit, Sri Pandey argues that once admittedly the petitioner did not appear in the third semester examinations which were conducted from August, 2020 to December, 2020 and thereafter the students who did not appear in the said examination were also given a chance to appear again in the examination in January, 2021 and the petitioner not having appeared and taking the said chance, her admission has been cancelled and there