Akshyata Ojha vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner is a student of Law in Chanakya Law College, Rudrapur, District Udham Singh Nagar. According to her, due to COVID-19, she could not appear in the Second Semester Examination conducted by Kumaon University.

By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ, order or direction in the Nature of Mandamus by commanding the respondent no. 2 to accept the 3rd semester examination form of the petitioner and direct the respondent no. 5 to allow the petitioner to appear in the 3rd semester examination.

(ii) Issue a writ, order or direction in the nature of Mandamus by commanding the respondent no. 2 to conduct the 2nd semester examination of the petitioner with the examinations of even semester students, so that she may improve her score card.

(iii) Issue any other suitable, writ, order or direction which in the interest of justice and under the circumstances of the case of Hon’ble Court may deem fit and proper.

(iv) To allow the cost of the petitioner of the petitioner.

(v) During the pendency of the writ petition as an interim relief the Hon’ble Court may graciously be pleased to command the respondent no. 2 to allow the petitioner to appear in the 3rd semester examinations, provisionally.

After arguing for a while, learned counsel for the petitioner submits that petitioner has made a representation to Vice-Chancellor, Kumaon University on 21.10.23020, which is on record as Annexure -8 to the writ petition. He, therefore, confines his prayer and submits that Vice-Chancellor, Kumaon University be directed to decide petitioner’s representation expeditiously.

Mr. B.D. Upadhyaya, Senior Advocate appearing for the Kumaon University fairly submits that petitioner’s representation shall be decided within one week from the date of production of certified copy of this order.

In such view of the matter, the writ petition is disposed of with a direction to the Vice-Chancellor, Kumaon University to consider and decide petitioner’s representation dated 21.10.2020, in the light of the guidelines issued by Bar Council of India, as early as possible, but not later than one week from today.

Let certified copy of this order be supplied to the parties today itself.