NILESH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is before this Court in I.A. No.01 of 2025, seeking appropriate directions to the Respondent No.2, to permit him to appear in the regular first examination, for the 3rd year MBBS course, scheduled to be held in the second week of November, 2025. Should permission not be granted, it would cause severe prejudice and irreparable hardship to his academic career and future prospects.

(2.) In I.A. No.02 of 2025, the Petitioner seeks to file additional documents to fortify his averments made in the I.A. (supra). Both Petitions are being taken up for consideration. As there are no specific objections to the documents submitted in I.A. No.02 of 2025, the documents are taken on record and the I.A. disposed of.

(3.) It is submitted by Learned Counsel for the Petitioner, that, the Petitioner had appeared in the supplementary examination for the 2nd year MBBS course. The results of the said examinations were declared on 12/3/2025. The results of the Petitioner were unfortunately withheld on grounds of non-payment of requisite fees by the Petitioner. Learned Counsel has drawn the attention of this Court to Annexure R-10, document filed by the Respondent No.2, in its response to the Petitioner's I.A. No.01 of 2025, which is an Order dtd. 9/9/2021, of the Respondent No.2 University, which, it is urged, indicates that results of any student will be withheld if fees are not paid. Pausing here momentarily, in my considered view this document is of no assistance to the plea put forth by the Petitioner. The Petitioner had deposited an amount of Rs.11,18,571.00, on 30/10/2023 (Annexure A-2 at Page 12 of I.A. No.02 of 2025), to the Respondent No.2 as second instalment fees for 2022-23. It is further submitted by Learned Counsel for the Petitioner that, the above instalment of 2022-23 was followed by deposit of a sum of Rs.3,61,429.00, on 16/11/2023. That, the Petitioner had difficulty in paying fees from the third instalment of 2023-24. The third instalment of fees, for the year 2023-24 amounting to Rs.18,33,000.00 for which the due date was 1/9/2023 and the last date for payment was 31/1/2024 was not deposited by him neither was the fourth instalment of fees for the same amount, for the year 2024-25, deposited by him. This was the reason for withholding of his results by the Respondent No.2.