The Madhya Pradesh High Court recently dismissed a petition of a law student seeking a direction to appear in one paper of the LLB 5th Semester and thereby declare the result of 6th Semester LL.B Examination.
The Jabalpur Division Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav noted that the undisputed facts are that the petitioner was admitted to 3-year LL.B course in June 2015. The Ordinance 111 (Revised) framed under the impugned Vishwavidhalaya Adhiniyam in Clause ‘C’ and ’13’ prescribes a maximum period of 5 years within which the three year LLB course has to be completed.
The relevant Clause “c”and Clause “13” are as follows: “C. A student has to complete his course maximum in 5 years” 13. A student has to complete his course maximum in 5 year duration.”
It is observed by the High Court that for the petitioner, who was admitted in June 2015, the 5 years period expired in June 2020 but the petitioner could not clear all the papers. The University has withheld the result and has come out with a response that in view of the bar contained in Clause ‘C’ and ’13’ of the said Ordinance petitioner cannot now be permitted to complete the course.
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“From the pleadings, it is clear that failure of the petitioner to complete the said course was attributed solely to the petitioner and not to the University and therefore in the face of statutory bar (supra) no indulgence can be given by this Court in the present case. Petition fails and is dismissed as such,”
-the order reads.
The petitioner approached the High Court praying for the following reliefs :-
(i) To issue an appropriate writ directing the respondents to allow the petitioner to appear in the one paper of LLB 5th Semester and thereby declare the result of 6th Semester LLB Examination.
(ii) To issue any other writ order or direction which the Hon’ble Court deems fit under the prevailing facts and circumstances of the case and call for the records of the case in respect to the petitioner.
(iii) Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case may also kindly be granted.