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Madhya Pradesh HC refers petitions challenging students of ATKT in first semester not included in LLM third semester examination to larger bench

The High Court has referred the matter for hearing before the larger bench in view of two conflicting judgments.

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The Madhya Pradesh High Court has referred petitions challenging the students of ATKT in the first semester not being included in the LLM third semester examination to the larger bench.

Allowed to keep terms (ATKT) is a process in the Indian education system to allow students of pre-graduation and graduation to study in the next grade if they have failed in 1 to 4 subjects. The students must pass the papers they failed before entering into the next grade.

The case was heard before the Division Bench of Administrative Judge Prakash Srivastava and Justice Virender Singh. Advocates RB Dubey and Pankaj Dubey appeared on behalf of Subhash Mukherjee, resident of East Ghamapur, Jabalpur and Havitashv Sharma, resident of Gorakhpur.

The petitioners have challenged the order dated 28.01.2021 and 15.01.2021 whereby they have been denied the opportunity to appear in the LLM IIIrd Semester Examination on the ground that they have ATKT or have failed in LLM Ist Semester Examination. Similarly, those who had ATKT in IInd Semester are deprived opportunity to take admission in IVth Semester.

Counsel for the petitioner has placed reliance upon a Division Bench order of this Court dated 06.12.2019 passed in WP No.26605/2019 in the case of Samradhi Mahawar vs. State of M.P. and others and connected matter and has submitted that those students who have ATKT in Ist Semester have right to appear in the IIIrd Semester Examination alongwith one or two papers of Ist Semester.

Counsel for the respondent has placed reliance upon the order dated 19.02.2019 passed in WP No.2309/2019 in the case of Ku. Pooja Sondhiya vs. Rani Durgawati Vishwavidyalaya passed by another Division Bench and has submitted that those students who have not passed First Semester Examination cannot appear in IIIrd Semester Examination.

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Having heard the counsel for the parties and on perusal of the record, the court observed that both the above Judgement have taken contradictory view in respect of right of a student to appear in the IIIrd Semester Examination in case he has ATKT in one or two paper in Ist Semester Examination, therefore, the High Court has referred the matter for hearing before the Larger Bench in view of two conflicting judgments.

“In the meanwhile, the petitioners are permitted to participate in the IIIrd Semester Examination along with ATKT Examination of Ist Semester Examination with the condition that their results will not be declared without the leave of this Court”, the Court orders.

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