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Ajit Chaturvedi v. Vice Chancellor K.U., & Others - WRIT - C No. 22099 of 1999 [2007] RD-AH 7348 (23 April 2007)


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(Court No.23)

Civil Misc. Writ Petition No.22099 of 1999

Ajit Chaturvedi  vs.  Vice Chancellor, Kanpur University(Shri Shahu Ji Maharaj University), Kanpur and others


Heard learned counsel for the parties.  Petitioner appeared in the examination of B.Sc. IIIrd year from Kanpur University (Sri Shahu Ji Maharaj University) -respondent no.1.  Petitioner was a student of D.A.V. College, Kanpur which is affiliated with the University in question. As per  prescribed procedure,  affiliated colleges are required to send the forms of the students who are to appear in the examination alongwith examination fees by a particular date.  The college in question sent the forms and the requisite fee late.  The forms were sent through letter dated 24.3.1995, copy of which is Annexure-3 to the writ petition.  It contains the list of more than 100 students for different classes.  Petitioner's name finds place at Sl. No.1 under the heading B.Sc. IIIrd year.  Thereafter petitioner was permitted to appear in the examination however, his result was not declared.  In para-10 of the writ petition it is mentioned that some similarly situate students filed writ petition no.11783 of 1995 in this High Court which was allowed and thereafter their result was declared.  Learned counsel for the University does not dispute the said proposition.  Annexure-4 to the writ petition is a letter by the petitioner to Vice Chancellor - respondent no.1 giving details of some more writ petitions.

Moreover in para-8 of the counter affidavit it has been admitted that after order of the High Court results of similarly situate students have been declared. Copy of one such order has been annexed as Annexure-3 to the writ petition. As the delay in sending the form and fees was not attributable to the petitioner and as the result of several similarly situate students has been declared in pursuance of orders passed by this High Court in their writ petitions hence it is essential and in the interest of justice that result of the petitioner should also be directed to be declared.

Accordingly, writ petition is allowed.  Respondents are directed to declare the result of the petitioner of B.Sc. IIIrd year for the year 1993-94.




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