Neutral Citation No. - 2025:AHC:86893 Court No. - 7 Case :- WRIT - C No. - 15526 of 2025 Petitioner :- Atiya Shahab Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Aditya Bhushan Singhal,Ali Bin Saif Counsel for Respondent :- A.S.G.I.,Abrar Ahmad,Shashank Shekhar Singh Hon'ble Jayant Banerji,J. 1. Supplementary affidavit filed today has been taken on record. 2. Learned counsel for the University has submitted instructions which are taken on record. 3. The petitioner is permitted to correct the prayer Nos. B and C during the course of the day. 4. Heard learned counsel for the petitioner. Sri Abrar Ahmad appears for Respondent No.1. Respondent Nos. 2 to 6 are represented by Sri Shashank Shekhar Singh, Advocate. 5. This petition has been filed seeking the following relief: "(a) Issue a writ, order or direction in the nature of mandamus commanding the concerned respondents to take internal (Sessional & Project) examination of the petitioner of the subject Legal Theory-I of the V Semester. (b) Issue a writ, order or direction in the nature of mandamus commanding the concerned respondents to release and update all the withheld mark-sheets of Vth, VIth and VIIth semester of the petitioner. (c) Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to appear in all the examinations of VIII Semester and further subsequent examinations. (d) Issue a writ, order or direction in the nature of mandamus commanding the concerned respondents to allow petitioner to continue in subsequent semesters. (e) Issue a writ, order or direction in the nature of mandamus commanding the concerned respondents to conduct the internal examination of the petitioner of subject Criminal Procedure Code-I of VIII Semester." 6. The contention of learned counsel for the petitioner is that the petitioner is student of B.A.,LL.B. (Honours) Course at the Aligarh Muslim University, Aligarh. In the examination of the year 2023-24 with regard to the Vth Semester in the paper of Legal Theory-I bearing Code BLLB504 she was declared as failed. It is stated that the aforesaid paper pertained to Sessional and Project (S&P) and the petitioner could not attend the paper due to health reasons. Thereafter she also appeared in the VIth Semester examination and attained pass marks in all the papers but was declared failed in view of her failing to clear the aforesaid paper in S&P. However, the petitioner was admitted in the VIIth Semester and duly registered and she attended classes and gave examinations of the VIIth semester. It is now that the respondent University is not permitting her to appear in the examinations of the VIIIth Semester. A prayer has been made to permit the petitioner to take the internal S&P examination of the subject Legal Theory-I of the Vth Semester. 7. Sri Shashank Shekhar Singh, learned counsel, who has obtained instructions from the respondent University states that the petitioner had failed the S&P paper in Vth Semester and accordingly was declared failed due to non-clearance of the paper code BLLB504 pertaining to the examination of 2023-24. He has placed the rules pertaining to examination and evaluation to demonstrate that the petitioner had not obtained 50% marks in aggregate and had failed the subject of S&P. It is stated that the petitioner was not eligible to be promoted to the VIIth Semester. It has also been stated that the petitioner failed to avail of the offer made by the University of appearing in the aforesaid BLLB 504 paper pertaining to S&P on a subsequent date. 8. It has not been denied by the learned counsel for the University that the petitioner has been registered in the VIIth Semester and has duly attended classes. She has also appeared in the examinations of the VIIth Semester but since she failed to clear aforesaid S&P paper, she has been stopped from appearing in the end term examination of the VIIIth Semester of the B.A.,LL.B. (Honours) Course. 9. Clearly, it is the University itself that has permitted the petitioner to be registered in the VIIth Semester and appear in the examination of VIIth Semester. Therefore to deprive the petitioner of any avenue to appear in the aforesaid examination of S&P (BLLB 504) at this stage does not appear to be correct. 10. Sri Shashank Shekhar Singh, learned counsel, has fairly admitted that in view of the peculiar facts and circumstances of the case, the case of the petitioner would be considered favorably by the University. 11. Under the circumstances, this petition is disposed of with the direction to the Respondent Nos. 5 and 6 to permit the petitioner to appear in the S&P examination (BLLB504) in the ensuing session. 12. The respondent No.3 is directed that after the examination of the aforesaid S&P Course of the petitioner, and she being declared successful, special arrangement be made for the petitioner to appear in the examinations of the VIIIth Semester by means of re- sit examination or as the University deems fit. 13. It is clarified that the permission to appear in the VIIIth Semester would be granted after the petitioner clears the S&P examination and is declared successful in the examinations of the VIIth Semester, the result of which, have apparently been withheld by the University. 14. The University is requested to ensure that if the petitioner is successful in the examinations, as referred to above, she should not lose the benefit of the year/semester. 15. Subject to the above observations/directions issued on the basis of instructions received by the University's counsel, this petition is disposed of. Order Date :- 22.5.2025 Kumar Manish (Jayant Banerji,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad