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2024 Supreme(All) 1785

ABDUL MOIN
Subhashini Tomar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner: Ratnesh Chandra, Mahima Dixit
For the Respondent: C.S.C., Akhilesh Kumar Srivastava, Gyanendra Kumar Srivastava, Mrityunjay Pratap Singh

JUDGMENT

Abdul Moin, J.

Heard Sri. Ratnesh Chandra, learned counsel for the petitioners, Sri. Diwakar Singh, the learned Standing Counsel for the State-respondent, Sri. Ahkilesh Kumar Srivastava, learned counsel for respondent No.3 and 4, Sri. Gyanendra Kumar Srivastava, learned counsel appearing for respondent No.5 and Sri. Mrityunjay Pratap Singh, learned counsel for respondent No.6. Copy on respondent No.2 has not been served on the learned counsel who usually appears for respondent No.2 i.e. Sri. Abhinav Trivedi rather the same has been sent through Registered Post.

2. Instant petition has been filed praying for a writ in the nature of mandamus commanding the respondents to permit the petitioners to appear in supplementary examination for the Third Professional (Phase III) Part II of MBBS Court which is going to commence from 21.06.2024 (erroneously typed as 1st week of June, 2024).

3. Contention of the learned counsel for the petitioners is that the respondents are not permitting the petitioners to appear in the said examination on the ground that their attendance is not complete.

4. Sri. Ratnesh Chandra, learned counsel for the petitioners states that a specific averment has b

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