Admission eligibility criteria must be strictly adhered to; erroneous admissions lead to accountability and compensation where institutional fault is established.

Vikas Budhwar,J.

(Per: Hon’ble Vikas Budhwar,J.)

1. This intra-court appeal is against the judgment and order of the learned Single Judge dated 28.08.2024 passed in Writ-C No. 33767 of 2022, whereby the writ petition preferred by the appellant-writ petitioner challenging the orders dated 01.11.2021 and 04.01.2021 of the Registrar, Deen Dalay Upadhyay Gorakhpur University, Gorakhpur, second respondent and Executive Examination Controller, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, third respondent was dismissed.

2. The case of the appellant before the writ court was that there happens to be an institution by the name of Prabha Devi Bhagwati Prasad Vidhi Mahavidhayalay, Anantpur, Harpur-Budhahat, Gorakhpur, fourth respondent (in short ‘Law College’) affiliated to Deen Dayal Upadhyay Gorakhpur University, Gorakhpur (in short ‘University’).

3. A notification came to be published by the University on 15.10.2019 for the grant of admission in LLB three years course for the academic session 2019-20. As per the notification, the last date for submission of the application form was 23.10.2019. According to the appellant-writ petitioner in order to secure admission, the relevant documents were to be submitted before the Law College and therefrom, the same were to be transmitted to the University. As per the appellant-writ petitioner the required documents was though submitted before the last date i.e. 23.10.2019 before the Law College but the same stood transmitted to the University on 10.06.2020. Thereafter, an online examination form came to be issued. The appellant writ petitioner was accorded admission and he was allowed to appear in the first semester examination of the LLB course for the year 2019-20 and the results were declared on 26.05.2020. Since the marks for LLB first semester examination 2020 were not awarded as per the expectation of the appellant-writ petitioner so he preferred Writ-C No. 20136 of 2020 in which on 08.12.2020, the following orders were passed.-

“This writ petition has been filed for the following relief;

"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to produce the answer-sheet of LLB Ist Semester Exam 2020 revaluate the same within stipulated period as fixed by this Hon'ble Court."

Counsel for the petitioner submits that marks given to the petitioner in LLB Ist Semester Examination are far less than expectation of the petitioner. He further states that the petitioner has not applied for and has not been given a copy of the said examination.

Considering the facts and circumstances of the case, the petitioner is granted liberty to apply for giving copies of LLB 1st Semester Examination for which the petitioner may submit requisite fee with the respondent-University.

Sri Rohit Pandey, Advocate appears on behalf of Respondents No. 2 and 3 and assured this Court that in case the petitioner approached the University by filing any such application, the same shall be supplied to the petitioner within a period of three weeks from the date of moving the application.

The writ petition is disposed of with liberty above so granted.”

4. It is also the case of the appellant-writ petitioner that the answer sheets of the appellant writ petitioner was re-evaluated and with respect to paper No. 146 the marks stood enhanced from 36 to 42. As per the appellant-writ petitioner though he was entitled to appear in the second semester viva voce examination which was scheduled on 24.01.2021 but he was not allowed to appear. The same led to filing of representation on 24.01.2021 and 25.01.2021 and thereafter, Writ-C No. 5242 of 2021 which was entertained by this Cou