RIYA MIRCHANDANI Vs. STATE OF M.P.

JUDGEMENT

(1.) 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 20/2/2023.

(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 6/10/2020. Second Semester Examination was held in January, 2021, the result was declared on 30/6/2021. 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 26/8/2021 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 29/9/2022. The examination of left over subject (ATKT) of Second Semester was conducted on 5/12/2022 in which she appeared but the result was awaited at the time of filing this petition.

(3.) Meanwhile, the Examination Controller, Devi Ahilya Vishwa Vidyalaya, Indore (respondent No.3) has declared Time Table / programme for examination of Seventh Semester Examination. The petitioner paid Tuition Fee and filled the Form to appear in Seventh Semester examination. According to the petitioner, she tried to submit Examination Form online on website of respondent No.2 - University, but the portal was showing "Service Unavailable". Thereafter, she contacted respondent No.4 an also visited MP Online Kendra, but could not fill the form online. Thereafter, on 17/2/2023, she visited the University and tried to submit the application form, but the same was not accepted. Hence, she filed this petition on 19/2/2023 i.e. Sunday and requested the Principal Registrar for taking up this matter urgently, as the examinations were going to commence on 20/2/2023 i.e. Monday. A Special Bench was constituted and the counsel for the petitioner was heard online.