Amersha Yadav v. The Union Of India And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/984/2023 IA No.CAN/2/2024 Amersha Yadav Vs.

The Union of India and Others Ms. Anjili Nag ... for the petitioner Mr.Tulsi Lal ... for the respondent no.1 Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent Nos.2,3,4,9&10 Mr. Rajinder Singh ... for the respondent No.6 Mr. Terence D'Cruz ... for the respondent No.7 Mr.V.D.Sivabalan ... for the respondent nos.4&5 August 5, 2024 [SR] Item No.02 Read order dated July 31, 2024.

It is not in dispute that the petitioner has cleared the first year examination, albeit in the 5th attempt which is permitted under the applicable Rules.

On the strength of the interim order passed in the writ application, the petitioner says that she attended the second year classes. The second year examination is scheduled to be held in this month. The petitioner says that the college has said that she will not be permitted to sit the examination.

Learned advocate for the college says that it is not clear that whether the petitioner has attended requisite number of classes. Hence, the college is reluctant to permit the petitioner to participate in the second year examination.

I have also heard learned advocate for the Pondicherry University and National Medical Commission. They do not have much to say about the matter.

I am of the view that no prejudice will be caused to anybody if the petitioner is permitted to sit the second year examination. Obviously, if she has not studied and is not prepared, she may not succeed. However, she says that she has attended all the second year classes on the strength of the interim order passed by this Court. It may not be fair to deprive the petitioner of the opportunity to participate in the second year examination. Accordingly, I direct the respondent authorities to permit the petitioner to participate in the second year university examination. No useful purpose will be served by keeping the writ petition pending.

WPA/984/2023 and the connected application are disposed of accordingly.

(Arijit Banerjee J.)