Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.

JUDGMENT :

Kshitij Shailendra, J.

1. Heard Ms. Shambhavi Tiwari, Advocate holding brief of Shri Rohit Pandey, learned counsel for the appellants, Ms. Vijeta Singh, learned counsel for respondent No.1 (writ petitioner) and learned standing counsel for Respondent No. 2 and perused the record.

THE CHALLENGE

2. The instant intra-court appeal assails validity of the order dated 30.09.2024 whereby the learned Single Judge has allowed Writ-C No.36854 of 2023 (Firoj Ahmad vs. State of U.P. and 3 others) and has directed the University to issue requisite mark- sheet to the petitioner therein and also a degree if the petitioner is otherwise eligible for the same.

FACTUAL MATRIX

3. The respondent No.1 (writ petitioner) (hereinafter referred to as ‘the respondent’) took admission in three years' LL.B. course in academic session 2016-17 in Classic College of Law, Bareilly affiliated to Mahatma Jyotiba Phule Rohilkhand University, Bareilly. The said course is comprised in six semesters. The respondent appeared in semester examinations conducted from time to time and the dispute in the present appeal is as regards the back paper concerning sixth semester. The respondent appeared in the said back paper examination and even as per the assertions made on affidavit filed in support of stay application in the instant appeal, the respondent passed the same but his result was not declared on the ground that he had already completed maximum duration of the course, i.e., six years. Admittedly, the marks of the respondent were uploaded on the website of the University but mark-sheet was not issued to him and, therefore, the aforesaid petition was filed seeking a writ of mandamus commanding the authorities of University to issue mark-sheet.

ORDER OF THE LEARNED SINGLE JUDGE

4. Learned Single Judge, apart from placing reliance upon judgement of Hon'ble Supreme Court in Shri Krishnan vs. The Kurukshetra University, Kurukshetra , (1976) 1 SCC 311 which was further considered in a recent Division Bench decision of this Court pronounced on 03.05.2024 in Special Appeal (Defective) No.313 of 2024 (Mr. Iqtadaruddin vs. State of U.P. and others), considered the submission of the University based upon Ordinance 7(c)(3) whereby a student was required to pass three years’ LL.B course within a maximum period of six years. Learned Single Judge held that since the University, after the academic session 2021-2022 was over, permitted the respondent to appear in the back paper in sixth semester in the year 2023 even after expiry of six years period, it was not justified in withholding the result.

SUBMISSIONS ON BEHALF OF THE APPELLANTS

5. Learned counsel for the appellants has vehemently argued that Ordinance 7(c)(3) governing the field clearly prescribes that in case a candidate fails to pass the course during the maximum period of six years, he will be deemed to have abandoned the course and shall not be re-admitted. Further submission has been made that the provisional admit card issued to the respondent clearly indicated that the result would be declared subject to eligibility of the candidate and, therefore, when the University examined the candidature of the respondent, it found him 'not eligible' to appear in sixth semester back paper and, consequently, result was rightly detained, inasmuch as, six years maximum period from the date of his admission had expired in academic session 2021-2022 and back paper was held in year 2023. Further submission is that judgement of Mr. Iqtadaruddin (supra) was a follow up of the decision of the Hon’ble Supreme Court in Shri Krishnan (supra), which was clearly distinguishable on facts, inasmuch as, in that case, the concerned Ordinance contained a requirement to issue a certificate signed by the Principal of the College/Head of the Department concerned certifying that the candidate has attended a regular course of study for the prescribed number of academic years, which certification would be provisional and could be withdrawn at any tim