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VIVEK RUSIA
Riya Mirchandani D/o Shri Bharat Mirchandani – Appellant
Versus
State Of Madhya Pradesh – Respondent
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) o
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.
The court allowed the petitioner to submit a representation regarding her exam eligibility, emphasizing rights to due consideration.
The court emphasized the importance of considering a student's legitimate expectations and the impact of University rules on academic progression, especially in the context of the Covid-19 pandemic.
Court ruled that educational institutions must act fairly and acknowledge students' legitimate expectations, particularly after allowing them to participate in examinations despite procedural discrep....
The court emphasized the right of the petitioner to continue his education and held that hyper-technical objections should not hinder this right.
Point of law : Petitioner has, admittedly, not attended the classes even through online mode. Therefore, it cannot be stated that she has complied with the conditions mentioned in Clause (9) of the O....
Adjudication of dispute in SLP will only be a matter of academic interest when spirit of lis is already gone.
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