Allahabad HC Holds Special Sitting To Allow Student To Sit In MBA Exam In Amity University, Warns Her Of Heavy Cost If His Claim Of 100% Attendance Is Found To Be Untrue

Noting that the matter relates to a college student, where each examination is important, the Allahabad High Court recently came to the rescue of a Master of Business Administration (MBA) student at Amity University by directing the university to permit the petitioner to take the supplementary examination, who was initially denied the opportunity to take examinations citing low attendance.

Upon an urgent mention made before the Registry for immediate consideration, Chief Justice Pritinker Diwaker, sitting as the Single Judge Bench, heard the matter at his residence on a Court holiday.

Advocate Avneesh Tripathi appeared for the Petitioner. 

The Petitioner submitted that despite attending all the classes for Marketing Management in the MBA (Media Management) course with a 100% attendance record, a technical flaw in the portal incorrectly reflected inadequate attendance. Consequently, the University denied her permission to participate in the examination.

The Petitioner further expressed that the denial of the examination opportunity would result in the loss of six valuable months. Additionally, it was proposed that the petitioner be allowed to take the supplementary examination, pending the outcome of the present writ petition and in the event of the petitioner's failure, she undertakes to pay a heavy cost to the University.

On the other hand, the State Counsel submitted that the State has no active role to play and the dispute is between the petitioner and the University while the Counsel appearing for the University submitted that as per the limited instructions which has been passed on to him is to the effect that admission card cannot be issued in such a belated stage. 

Considering the submissions, the Court accordingly ordered, "Considering the facts and circumstances of the case, in particular, the fact that the matter relates to a student, where each examination is important, it is directed that the petitioner be permitted to appear in the supplementary examination to be held on 16.11.2023 for the subject Marketing Management in MBA (Media Management) course."

However, the Court further added, "Her result may not be declared without prior permission of the Court and in the eventuality of statement of the petitioner being found incorrect, she may be subjected to pay heavy cost to the University." The Court ordered the matter to be listed on December 14, 2023.

Cause Title: Sanya Yadav v. State Of Uttar Pradesh And 2 Others [- WRIT - C No. - 39823 of 2023]

Click here to read/download the Order