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2025 DAILYLAW 24604 (HP)

LAKSHAY ROSA v. STATE OF HP AND OTHERS

CWP/548/2024 · 2025-04-03

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:9038 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.548 of 2024 Decided on: 03.04.2025 Mr. Lakshay Rosa … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Neeraj Gupta, Senior Advocate, with Mr. Vedhant Ranta, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.1-State. Mr. Vishwajeet Singh, Advocate, for respondent No.2. Vinod Chauhan, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:- “(a) Entire original record may be ordered to be called for from respondent No.3 University relating to petitioner from 1 to 10th semesters of BA LLB Course. (b) To quash the adverse entry, if any, appearing in the records of respondent No.3 more particularly, appearing in the gazette maintained by respondent No.3 which 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:9038 shows petitioner to re-appear under 1 and 3rd semesters of BA LLB course in view of DMCs already issued by respondent No.3 for 1 to 4th semesters. (c) By issuing appropriate, writ order or direction upon respondent No.3 to issue DMCs in favour of the petitioner pertaining to 5th to 10th semesters of BA LLB course more particularly, by issuance of a writ of Mandamus. (d) To permit petitioner during the pendency of the petition to apply for, sit and participate in various competitive examinations upon having completed his BA LLB 5-years course from respondent No.4, by directing and calling upon respondent No.3 to issue requisite certificate/documents to the petitioner. (e) To award cost of the petition in favour of petitioner against respondent No.3.” 2. The stand of the respondents-State in terms of the reply filed by it as is contained in Para-4 of the preliminary submissions is as under:- “4. That the record of the gazette shows the petitioner re- appeared in 1st, 3rd and 5th semester. Whereas, the green sheet shows 6.5/10 marks obtained in 1st semester and 8.1/10 marks in 3rd semester. The record also revealed 3 2025:HHC:9038 that petitioner had received the DMC for the 1st to 4th semester in which he has shown pass. The record when examined collectedly, it was found mismatch of the record due to which the credentials, documents pertaining to the petitioner could not be verified. Therefore, the DMC/documents of the petitioner's cannot be issued as the record is mismatched. Hence, the petition deserved to be dismissed.” 3. In the light of the fact that Hon’ble Division Bench of this Court in CWPIL No.22 of 2022, titled as Court on its own motion Versus State of H.P. & Ors., decided on 20.12.2024, alongwith other connected matters has been pleased to hold that in the peculiar facts and circumstances of such like cases the petitioners/students shall be free to approach the Competent Court of Jurisdiction for redressal of their grievance and with regard to those students against whom the University does not has any grievance their respective documents including degrees and other academic documents may be handed over to them, this writ petition is disposed of with the direction that the petitioner shall be at liberty to avail the remedy as has been spelled out by Hon’ble Division Bench and the petitioner is further permitted to visit the University concerned on 21.04.2025, at 11:00 a.m. and the University shall 4 2025:HHC:9038 provide access to the Green Register and Disclosure List to the petitioner so as to enable him to verify that he was actually enrolled with the University. After verification, the petitioner shall be at liberty to produce the relevant material both before the University as well as the SIT and outcome thereof shall of course abide by Para-11 of the judgment of Hon’ble Division Bench. 4. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 03, 2025 (Rishi)