Isabela Malik v. Maulana Abul Kalam Azad University Of Technology, West Bengal And ORS.

WPA 20879 of 2023 Isabela Malik Vs.

Maulana Abul Kalam Azad University of Technology & Ors. Ms. Aiswarjya Gupta ...for the Petitioner Mr. Suranjan Dasgupta, Mr. Avijit Chakraborty ...for Respondent Nos. 1 to 5.

09-10-2023 AKG Ct. 238 In the year 2021 the petitioner enrolled herself in B.Sc., (Forensic Science) course conducted by Moulana Abul Kalam Azad University. The course was of three years duration divided into six semesters.

It is not in dispute that the petitioner successfully completed her first semester in the year 2021. Learned advocate appearing for the petitioner submits that she could not continue her studies since the education loan granted in her favour by respondent no. 6 was not disbursed in due time. The petitioner seeks to take the third semester examination scheduled to be held in November of this year along with the second semester. Mr.

Suranjan Dasgupta, learned advocate appearing for the university submits that the petitioner did not attend even in a single class (practical and theoretical) either in the second semester or in the third semester. He, however, submits that the petitioner may be re-admitted in the upcoming second semester to resume and complete her course.

I am of the view that when the petitioner could not

attend the theoretical as well as practical classes of the second and third semester, no direction should be passed upon the university to allow the petitioner to sit in the examination for the said semesters.

Without attending the required number of classes the petitioner should not be permitted to sit in the examination, and at the same time, the petitioner's academic interest should be otherwise protected. Accordingly, this writ petition is disposed of with a direction upon the university to allow the petitioner to take re-admission for the upcoming second semester and complete the course in terms of the regulations of the university.

It is desirable that respondent no. 6 shall disburse the loan amount in favour of the petitioner within the stipulated time, if the petitioner is so entitled. WPA 20879 of 2023 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)