Allahabad High Court: In a writ petition filed by an MBA student with a grievance that, though she had attended all the classes of Marketing Management in MBA (Media Management) course, but due to technical flaw in the portal, her attendance has been shown inadequate, Pritinker Diwaker, CJ. has directed that the petitioner be permitted to appear in the supplementary examination that was held on 16-11-2023 for the subject Marketing Management in MBA (Media Management) course. However, it said that her result should not be declared without prior permission of the Court and in the eventuality of the statement of the student being found incorrect, she will be subjected to pay heavy costs to the University.
The student submitted that on account of some technical flaw, the portal has incorrectly shown her attendance as inadequate, otherwise she had attended all the classes, and her attendance was 100 percent. It has been argued that on 16-11-2023, the supplementary examination for the subject Marketing Management started at 2:00 pm and all the formalities are required to be completed before it. If the petitioner was not permitted to appear in the examination, she will lose her six valuable months. It had been urged that the student should be allowed to appear in the supplementary examination to be held on 16-11-2023 for the subject Marketing Management in MBA (Media Management) course.
It was submitted that the State has no active role to play, and the dispute is between the petitioner and the University. The University submitted that as the office is closed today, it could not receive full instructions. However, limited instructions which have been passed on are to the effect that admission card cannot be issued in such a belated stage.
The Court said that the matter relates to a student, where each examination is important, thus it directed that the petitioner be permitted to appear in the supplementary examination that was held on 16-11-2023 for the subject Marketing Management in MBA (Media Management) course. However, it said that her result should not be declared without prior permission of the Court and in the eventuality of the statement of the student being found incorrect, she will be subjected to pay heavy costs to the University.
The matter was listed on 14-1-2023 as fresh, before the appropriate Bench.
[Sanya Yadav v State of Uttar Pradesh, 2023 SCC OnLine All 2440, Order dated 15-11-2023]
Advocates who appeared in this case :
Counsel for Petitioner:- Advocate Avneesh Tripathi
Counsel for Respondent:- Chief Standing Counsel
