A candidate cannot gain admission to higher semester classes without clearing all requisite prior examinations, and obtaining interim relief through suppression of facts is impermissible.

ORDER :

The petitioner has filed the present petition under Article 226 of the Constitution of India seeking permission to appear in Seventh Semester Examination of B.B.A., LL.B. (Honours) Course which was going to commence from 20.02.2023.

2. The petitioner took admission in B.B.A., LL.B. (Honours) Five Years integrated Course in Indore Institute of Law, Indore, which is affiliated with Devi Ahilya Vishwa Vidyalaya, Indore (respondent No.2). The petitioner cleared First Semester Examination on 06.10.2020. Second Semester Examination was held in January, 2021, the result was declared on 30.06.2021. Due to ill health, the petitioner could not appear in one theory subject of Managerial Economics, therefore, the result was declared with ATKT (Allowed to Keep Terms). Thereafter, the petitioner was permitted to take admission and appear in the examination of Third Semester and Fourth Semester; the results were declared on 26.08.2021 and 25.10.2021 respectively; and the petitioner cleared both the Semesters. Thereafter, she was permitted to take admission and appear in the examination of Fifth Semester and the result was declared on 29.09.2022. The examination of left over subject (ATKT) of Second Semester was conducted on 05.12.2022 in which she appeared but the result was awaited at the time of filing this petition.

3. Meanwhile, the Examination Controller, Devi Ahilya Vishwa Vidyalaya, Indore (respondent No.3) has declared Time Table/programme for examination of Seventh Semester Examination. The petitioner paid Tuition Fee and filled the Form to appear in Seventh Semester examination. According to the petitioner, she tried to submit Examination Form online on website of respondent No.2 – University, but the portal was showing “Service Unavailable”. Thereafter, she contacted respondent No.4 an also visited MP Online Kendra, but could not fill the form online. Thereafter, on 17.02.2023, she visited the University and tried to submit the application form, but the same was not accepted. Hence, she filed this petition on 19.02.2023 i.e. Sunday and requested the Principal Registrar for taking up this matter urgently, as the examinations were going to commence on 20.02.2023 i.e. Monday. A Special Bench was constituted and the counsel for the petitioner was heard online.

4. Learned counsel appearing for the petitioner argued that the result of ATKT examination was declared on 12.06.2021, the petitioner has become eligible to appear in Seventh Semester Examination. The last date for submission of the Forms to appear in the said examination had expired, hence, DAVV is not permitting her to appear in the examination. Believing on this submission, by way of interim relief, this Court directed DAVV to accept the form of the petitioner and permit her to appear in the examination on 20.02.2023. DAVV was also directed to permit all the similarly situated students, as the petitioner pleaded that there was a technical glitch in accepting the form.

5. In compliance of the interim relief, the petitioner was permitted to appear in the examination of Seventh Semester. Thereafter, she amended the writ petition and sought permission to appear in Eight Semester to Tenth Semester Examinations to complete B.B.A., LL.B. (Honours) Course.

6. Respondents No.2 and 3 – DAVV filed a reply by submitting that the petitioner has suppressed the important facts to obtain the interim order. In fact, the petitioner was not eligible to take admission even in Fifth and Sixth Semester Examinations, as she did not clear Second Semester Examination, in view of Sub Clause (8) of Ordinance 226 of the University which is filed as Annexure R/1.

7. The respondents also filed an application seeking dismissal of the writ petition (I.A. No.2513 of 2024) on the ground that she has not approached the Court with the clean hands. The result of the petitioner of Second Semester was already declared in the month of January, 2021 and she did not pass supplementary examination. She again appeared