Miss Sheeba v. State of U.P. Thru. Prin. Secy. Medical Health Deptt. Lko. and 2 Others

Court No. - 19 Case :- WRIT - C No. - 11404 of 2024 Petitioner :- Miss Sheeba Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health Deptt. Lko. And 2 Others Counsel for Petitioner :- Afaq Zaki Khan,Mohammad Asad Mahmood Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State counsel for opposite party no.1.

¶2In view of order being passed, notices to opposite parties no.2 & 3 stands dispensed with.

¶3Petition has been filed seeking a direction to the concerned authority to permit petitioner for appearing in 3rd Semester Examination on B.Sc. Biotechnology Examination due to be held on

27.12.2024.

¶4Learned counsel for petitioner has drawn attention to the endorsement made by dean faculty of science and therefore the University concerned to submit that petitioner is not being permitted to take the aforesaid Examination on account of the fact that she is suffering from Tuberculosis.

¶5It is submitted that the aforesaid grounds for rejection

of

petitioner's

application

for participation in the examination is direct violation of her fundamental right under Article 21 of the Constitution of India for pursuing education in order for own betterment.

¶6From a perusal of endorsement made by den of the University concerned on the application letter dated 09.10.2024, it appears that petitioner's application has been disallowed on twin grounds that medical leave is allowed to a maximum of 25% as per rule and secondly that since she is a patient of Tuberculosis, she cannot be permitted to sit in the class room.

¶7So far as the first condition is concerned, it is quite evident that petitioner is required to have a minimum attendance of 75%.

¶8The second ground for rejection is clearly a direct violation of fundamental right of petitioner in trying under Article 21 of the Constitution of India. There is no provision of law under which persons suffering from Tuberculosis can be restrained from taking examination or study for their own betterment.

¶9In view of aforesaid, it is directed that in case the petitioner has attended a minimum attendance of 75% in the academic year and otherwise eligible, she shall be permitted to participate in the 3rd Semester Examination of B.Sc. Biotechnology due to be held on 27.12.2024.

¶10In view of aforesaid directions, petition stands disposed of. Order Date :- 20.12.2024 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench