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Judgment
V.K. Bist, J.
(Interim Relief Application No. 5871 of 2010)
By means of this writ petition, the petitioner has sought a writ in the nature of mandamus for a direction to the respondents to reduce the aggregate marks in practical papers (i.e. 36% in place of 45%) and also consider them to appear in 9th Semester of the examination. Further prayer has been made for strucking off paragraph 22 of the University Ordinance 2004-05.
Brief facts of the case are that petitioners are the student of B.A., L.L.B. five years course in Chanakya Law College, Rudrapur, Udham Singh Nagar. They appeared in 8th semester in the Session-2009 and secured more than 36% marks in practical papers. But they were declared failed. Immediately thereafter they moved a representation on 07.04.2010 before respondent No. 1 for redressal of their grievances but respondents did nothing inspite of the fact that examination of next semester was scheduled on 01.05.2010. On 15.04.2010 the petitioners again gave a representation to respondent No. 3 for the same grievances.
On 05.05.2010 this Court passed an interim order by which liberty was given to the petitioners to make a representation to the Vice-Chancellor of the University for redressal of their grievances for appearing in the examination. Learned Counsel for the petitioners submits that in compliance of the order of this Court the Vice-Chancellor of the University permitted the petitioners to appear in the examination but University is not permitting them to pursue in X Semester course. He further submitted that petitioners have already made representation to the Vice-Chancellor on 6th July, 2010 and the Vice-Chancellor may be directed to decide the representation of the petitioners.
Learned Counsel for the respondents stated that he has no objection in case such direction is issued.
In view of the aforesaid statement of learned Counsel for the parties and also in view of the fact that University vide order dated 11.05.2010 has permitted the petitioners to appear in the examination, direction is issued to the Vice-Chancellor of the University to decide the representation of the petitioners dated 6th July, 2010 in accordance with law within a period of 15 days from the date of production of certified copy of the order.
Interim relief application stands disposed of.