JUDGMENT : 

This order shall decide W.P.No.3731/2011(O)-Mukund Kumar Chourasia Vs. Rani Durgavati Vishwavidyalaya & another and W.P.No.3733/11(O)-Gulshan Ahmed Qureshi Vs. Rani Durgavati Vishwavidyalaya & another.

Facts of W.P.No.3731/11(O) are that the petitioner is a student of LL.M. He appeared in 1st Semester of the course in March-April, 2010 in which he could not clear one subject namely Law and Social Transformation in India. The University has provided A.T.K.T. to such student to clear the said subject alongwith the next examination, but in the 2nd semester, petitioner was not extended such an opportunity to appear in the aforesaid subject as there was no arrangement to appear in the remaining subject of 1st Semester. The petitioner has been permitted to appear in the said subject at the time of conduction of the 3rd Semester examination on 21.2.2011 and petitioner has appeared in the said subject. But now petitioner is not being permitted to appear in the 3rd Semester scheduled from 26.2.2011, because he had not cleared first semester.

Facts of W.P.No.3733/11(O) are that the petitioner could not clear two subjects of 1st Semester for which petitioner was permitted by the respondents to appear alongwith 3rd Semester examination and the petitioner has already appeared in two subjects namely Law and Social Transformation in India and Mass Media Law. Except these facts, other facts are identical to the facts of W.P.No.3731/11. It is submitted by Shri Sheel Nagu, learned counsel appearing for petitioners that the controversy has been settled by this Court in Writ Petition No.1511/11 Shivanshu Pandey & another Vs. State of M.P. & others decided on 25.1.2011 and similar directions may be issued in the case of the petitioners.

Aforesaid contention is not opposed by the learned Counsel for respondents who submitted that the present case may be disposed of W.P.No.3731/11 25.2.2011 in the light of the order passed by this Court in Shivanshu Pandey (supra).

In Shivanshu Pandey (supra), this Court considering similar controversy held thus:-

"Shri Adarsh Muni Trivedi, learned Senior Advocate with Shri Ashish Trivedi, Shri Manoj Sharma, Shri Surendra Verma, Shri H.C.Chourasia, Shri Adtiya Sharma, Shri Ritesh Sharma, Counsel for the petitioners.

Shri P.K. Kaurav, Counsel for respondent no.2 University.

Looking to the controversy involved in this case, all the aforesaid cases are heard together and are disposed of by this common order.

In W.P.No.18152/2010, the respondent no.2 Rani Durgawati Vishwa Vidyalaya, Jabalpur has filed reply. So the facts are taken from the aforesaid case. The controversy in all cases is in a short compass.

The petitioners are the students of LL.B. (Three Years Degree) course. They got admission in July, 2009 in the course. They studied for the examination of Ist semester. Ist semester examinations were conducted in the month of December, 2009- Jan.2010. In the said examination, the petitioners could not clear all the subjects, maximum in two papers. 2nd semester commenced on 6th August, 2010 and continued upto 23 August, 2010. The result of the 2nd semester examination was declared on 20th October, 2010. Thereafter the 3rd semester commenced from August, 2010 and continued up to December, 2010.

The examination for 3rd semester are scheduled from 27th of this month. The students, who could not clear two or less subjects in the Ist semester moved to the University to permit them to appear in the remaining subjects of Ist semester along with 3rd semester. The University though directed these students to clear remaining papers of Ist semester, but has not permitted to appear in the examinations of 3rd semester. This has caused grievance to the petitioners to approach this Court for ventilation of the grievance.

Shri P.K.Kaurav, the learned counsel appearing for the University assisted by Shri Prof. S.S. Rana, Examination Controller of the University, submitted that as per Ordinance no.111 relating to LL.B( Honours) (Part-I

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