HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 6898 of 2022 Court No. - 38 HON'BLE SIDDHARTH NANDAN, J. 1. Learned counsel for the petitioner has argued the following: a. He has appeared in the Examination-2014 of IInd Semester (Regular) Examination and in paper (IV) 'he secured 39 marks out of 100 marks and result shown was 'fail'; and a remark was put 'eligible for back'. b. He appeared in the back paper and secured 43 marks and has relied on the mark-sheet of L.L.M. IVth Semester (Regular) Examination-2015 where the Ist, IInd and IIIrd Semester marks has been transcribed and he has admittedly got more than 50%, while the result shown is "passed with Second Division". c. He has also relied upon the provisional certificate issued on 10.09.2020, wherein, it has been mentioned that petitioner has passed L.L.M. Examination with Second Division, from Mahatama Gandhi Kashi Vidyapeeth, as regular student, in the year-2015. d. Transfer certificate was also issued, wherein also, it has been mentioned that the petitioner has passed L.L.M. IVth Semester Examination in Second Division. e. Petitioner thereafter appeared for "National Eligibility Test for Assistant Professor" and passed the same on 31.10.2018; and thereafter he was appointed as Guest Faculty for Academic Sessions 2020-21, vide letter dated 02.07.2021. Versus Counsel for Petitioner(s) : Yatindra Counsel for Respondent(s) : C.S.C., Lavlesh Kumar Shukla Anup Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 2. However, subsequently, when he has applied for copy of his IInd Semester mark-sheet, he was informed that he has failed, in the IInd Semester and further on pursuing with the authorities, he was issued a letter dated 09.03.2022, permitting him to appear in a back paper for IInd Semester; but it has been contended that the letter was vague, as much as it only states that as and when examination shall be held, he will be permitted to appear; but however he was never given such intimation and subsequently a stand has been taken by the respondent-University, in their counter affidavit that 7 years have lapsed; and accordingly he cannot be permitted to appear in the examination. 3. 3. He has also questioned the General Rules for regular admission, examination and curriculum, annexed as Annexure-2, to the counter affidavit, filed on behalf of the respondent-University; wherein, it has been mentioned that if a student of Ist and IInd Semester does not secure 45 marks in each paper and 50% in aggregate in each semester, he shall not be promoted; on the ground that the said document does not disclose as to for which academic session, the said rules were applicable. 4. In view of the aforesaid, I find that the respondent-University may also have been in error by issuing mark-sheet showing the petitioner to have passed, as well as, by issuing the provisional certificate; and as such the counsel for the respondent-University may take instructions, as to whether, petitioner can be permitted to appear in the back paper, at this stage, in pursuance of the letter dated 09.03.2022 or not; and in case the petitioner cannot appear in the examination, the Court shall proceed to examine the conduct of the University, for misleading the petitioner, by issuing mark-sheets showing him as passed; and subsequently only disclosing that he has already failed, and no certificate can be issued. The counsel for the respondent-University may also bring on record, the complete Rules, Regulations, Ordinance or the Statute, which governs the field, by way of an affidavit and their specific stand on the issue. 5. List this case on 15.04.2026. March 31, 2026 S.Prakash WRIC No. 6898 of 2022 2 (Siddharth Nandan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad