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2025 DAILYLAW 161473 (ALL)

RISHAV RAJ v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL EDU. DEPTT. LKO AND 4 OTHERS

WRIC/8369/2025 · 2025-08-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8369 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and 4, Shri Saurabh Upadhyay, learned counsel, who has filed his 'vakalatnama' today on behalf of the opposite party no.5, which is taken on record and Shri Gyanendra Kumar Srivastava, learned counsel appearing for respondent no.2 and 3 and perused the material available on record. 2. The present petition has been filed with the following prayer: "(i) to issue a writ, order or direction in the nature of Mandamus directing the Respondent no.2 & 3, to permit the petitioner to appear in the forthcoming supplementary MBBS First Professional Examination scheduled to commence from 01.09.2025, treating the same as a special/mercy attempt in view of the extraordinary circumstances faced by him; (ii) to issue direction to the Respondent no.3 and 5 to decide the representation dated 21.08.2025 made by the petitioner expeditiously, in accordance with law, and before commencement of the said supplementary examination." 3. The contention of learned counsel for the petitioner is that, the petitioner, who was admitted for M.B.B.S. course at T.S. Mishra Medical College & Hospital, Lucknow, could not pursue the course properly on Versus Counsel for Petitioner(s) : Anuj Singh, Neel Kamal Mishra Counsel for Respondent(s) : C.S.C., Gyanendra Kumar Srivastava, Saurabh Upadhyay Rishav Raj .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Edu. Deptt. Lko And 4 Others .....Respondent(s) account of the medical condition of his parents for which he frequently travels to his hometown, it is argued that the entire career of the petitioner would be jeopardized if, the petitioner is not permitted to appear in the examination as special/mercy attempt, which is scheduled to commence from 01.09.2025. 4. Considering the fact that the examinations are to be commenced from 01.09.2025, the present petition is disposed of permitting the petitioner to file a representation before the respondent no.2, who shall sympathetically consider the cause of the petitioner. The petitioner would be at liberty to place whatever documents he feels necessary, to do so along with the representation. 5. In case, the representation is filed by tomorrow i.e. at 10:00 am., the respondent no.2 shall decide the same within 24 hours from the same being filed, subject to outcome of the writ petition, further fate of the petitioner would be decided. 6. Certified copy of this order shall be provided to counsel for the petitioner on payment of usual charges today itself. August 28, 2025 Praveen WRIC No. 8369 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench