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2025 DAILYLAW 154206 (ALL)

ASHUTOSH KUMAR UPADHYAY v. U.O.I. THRU. SECY. MINISTRY OF EDUCATION NEW DELHI AND 3 OTHERS

WRIC/7137/2025 · 2025-07-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43067 Court No. - 7 Case :- WRIT - C No. - 7137 of 2025 Petitioner :- Ashutosh Kumar Upadhyay Respondent :- U.O.I. Thru. Secy. Ministry Of Education New Delhi And 3 Others Counsel for Petitioner :- Amrish Tiwari Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed by the petitioner stating that the petitioner is studying with the respondent no.3 - Uttar Pradesh State Institute of Forensic Sciences (UPSIFS), which is affiliated to the respondent no.2 - National Forensic Sciences University (NFSU). 3. It is stated by the Counsel for the petitioner that the petitioner has been barred from appearing in second semester examination on account of alleged shortage of attendance. It is stated that the petitioner was medically unwell and a certificate was also attached, however, the medical grounds were not considered and hold that the petitioner had not achieved adequate attendance. 4. It is now stated by the petitioner that the petitioner may be permitted to appear in the remedial examination which are to be held on 28.07.2025, however, from the email exchanged in between the petitioner and the respondents, it is clear that no decision has been taken on account of the fact that the attendance sheet was not properly sent and grounds which are trivial in nature. It is further argued that the persons similar to the petitioner have been permitted to appear in the remedial examination. 5. Considering the examination scheduled to be held on 28.07.2025, the present petition is disposed off permitting the petitioner to send a representation to the respondent no.3 on his official email. 6. The petitioner shall enclose all the emails either sent earlier or received by the petitioner attached to the email. The petitioner shall also indicate the names of the persons who are similarly placed and have been given the benefit of appearing in the remedial examination. The petitioner is also permitted to give the details of the instances where the Institution had sent the petitioner for various programs. 7. On receipt of the email, the respondent no.3 shall take a decision on the application filed by the petitioner and inform to the petitioner within 24 hours from the receipt of the email. While doing so, the respondent no.3 shall specifically consider whether the benefits of appearing in the remedial examination have been extended to the similarly placed students or not. 8. In case, the representation of the petitioner is found positive, the petitioner shall be permitted to appear in the remedial examination, which is scheduled to be held on 28.07.2025. 9. In addition to the email, the petitioner is permitted to provide a hard copy to the respondents also. Order Date :- 25.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench