Shri Shashank Shekhar, Advocate for petitioner. Shri Kamlesh Dwivedi, Advocate appears under the authority of Shri P.K.Kaurav, Dy.A.G, accepts notice on behalf of the respondent and prays three days' time to seek instructions in the matter. Prayer is allowed.
Learned counsel for the petitioner submits that examination of 6th semester of the petitioner's course is scheduled from 16.8.2012 and if petitioner is not permitted to appear in the ensuing examination, he shall suffer irreparably, as his entire one year shall go waste. It is also submitted that in case petitioner is permitted to appear in the ensuing examination, petitioner shall not claim any equity.
Considering aforesaid, in the interest of justice, we permit petitioner to appear in the ensuing examination of 6th semester on following conditions:- ''(1) Petitioner shall be permitted to appear in the ensuing examination on the basis of the contention made by learned counsel for the petitioner hereinabove and the aforesaid permission shall be subject to decision in this petition.
(2) Petitioner shall complete all formalities today itself for appearing in 6th semester as are required by the University including payment of requisite fee etc.
(3) In case of dismissal of the petition, petitioner shall not be entitled to claim any equity merely on the basis of this interim order.''
Be listed for hearing on 22.8.2012. Certified copy of this order be supplied to the parties today itself.
(Krishn Kumar Lahoti) (Smt.Vimla Jain) Judge Judge amit