Akshita Tiwari v. Indira Gandhi Krishi Vishwavidyalaya

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3442 of 2018

1. Akshita Tiwari D/o Shri Durgeshwar Tiwari, Aged 19 Years R/o Chapora, District Janjgir Champa Chhattisgarh

2. Basant Mandal S/o Shri Girendra Mandal, Aged 21 Years, R/o Pakhanjur, District Kanker Chhattisgarh ---- Petitioner

Versus

1. Indira Gandhi Krishi Vishwavidyalaya Through Its Registrar, Krishak Nagar, Raipur 492012 Chhattisgarh

2. The Controller Of Examination, Indira Gandhi Krishi Vishwavidyalaya, Through Its Registrar, Krishak Nagar, Raipur 492012 Chhattisgarh

3. Rani Durgawati Udyanki Mahavidyalaya, Pendra Road, Bilaspur Chhattisgarh ---- Respondent For Petitioners Mr. Kshitij Sharma, Advocate For Respondents 1 & 2 Mr. Shashank Thakur, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 11/12/2018

1. Heard.

2. Admittedly, the petitioners have been refused permission to appear in the ongoing Semester Examination of B.Sc. (Horticulture) Course for the reason that they failed to pay reregistration fee and examination fee by way of on-line mode.

3. Learned Counsel appearing for the respondent-University would

submit that the examinations have already begun and two papers are over, therefore, the petitioners' petition suffers from delay and laches.

4. Contesting the submission made by learned counsel for the respondent-University, it is argued by learned counsel for the petitioners that out of 18 papers, only 2 papers are over and under the Rules, if the petitioners are able to clear more than 12 papers, they will be allowed to clear the remaining papers as backlog, and one precious year of the petitioners would be saved.

5. Considering the entire facts situation of the case and for the reason that the petitioners are otherwise eligible to appear in the examination, but they have been denied permission to write the examination for a trivial default of non-payment of reregistration fee and examination fee, ends of justice would be served if the petitioners are permitted to appear in the examination by depositing the above stated fees by way of online mode or under manual mode, whichever is convenient to the University, during the course of the day or by tomorrow.

6. It is ordered accordingly

7. The writ petition is disposed of in the above stated terms.

8. Certified copy today itself. Sd/- (Prashant Kumar Mishra) Judge Shyna