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Prabhat_Ranjan
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The pivotal question tobe decided in this petition filed under Article 226 of the Constitution is whether petitioners are entitled for a relief of declaration of result of Vth Semester when admittedly forms were filled between 1st to 6th of July, 2021 and till such time petitioner Nos. 1 to 4 and 5 had not cleared their IInd Semester examination. So far petitioner No.3 is concerned, she did not clear her first Semester examination before appearing in IVth Semester examination. The singular argument advanced by Shri Naveriya, learned counsel for the petitioners is that once University permitted the petitioners to appear in the examination of Vth Semester, there is no justification in not declaring the result of said semester and not permitting the petitioners to get admission in VIth Semester. Sounding a contra note, Shri Shreyash Pandit, learned counsel for the University, submits that the petitioners should have impleaded the College in which they are studying. It is the College which provides necessary information to the University. In the relevant form based on Ordinance a condition was printed which makes it clear that unless previous semester exams are cleared, petitioner is not entitled to reap the benefit of next semester. Reliance is placed on a Division Bench judgment of this Court passed in W.P.No.12378/2019 (Brij Mohan Patel vs. State of M.P. and others). 1 No other point is pressed by the parties. We have heard learned counsel for the the parties at length and perused the record. Clause 3 of the document filed by the petitioners Annexure P/3 reads as under Shri Pandit, learned counsel for the University, during the course of argument pointed out that Clause 3 reproduced hereinabove is based on the Ordinance. The validity of Ordinance or Clause 3 is not subject matter of challenge before us. Thus, we are enable to pass an order which runs contrary to the Ordinance or the said condition. In view of condition No.3, no case is made out for interference by the petitioners. Their cannot be any estoppel against the Ordinance or statute Considering the aforesaid, we find no reason to interfere in this petition. Petition fails and is hereby dismissed