CUTTACK: The Orissa High Court has made a strong indictment of the Utkal University for not allowing a petitioner to appear in the Law examinations despite its clear orders in the connection.
The single judge bench of Justice AK Mohapatra, while directing the university authorities to allow Byomakesh Nayak, presently a Civil Judge (Senior Division) to appear in the fourth and final year semester examination of LLM course and on passing issue him with the degree for the academic session 2010-2012, held that the university syndicate had shown utter disrespect to the court.
Nayak had taken admission in the post graduate department of Law in Utkal University in regular LLM course the 2010-2012 academic session. But he was not allowed to appear the fourth semester examination in 2013 due to shortage of attendance on the ground that he had joined in Odisha Judicial Service (OJS) from January 9, 2012.
The High Court had granted Nayak permission to appear the third and fourth semester examinations after he joined OJS. But the university syndicate rejected Nayak’s representation on April 26, 2023. He had then challenged it in the high court.
The petitioner alleged that there was a delay in commencement of the academic session by seven months which eventually led to delay in conclusion of the academic session in the year 2012. As a result, the fourth semester of LLM course also got delayed.
Justice Mohapatra observed, “Had the academic session been concluded within the stipulated time, the petitioner would not have faced the difficulty or the subsequent ordeal which he was made to suffer by approaching this court on several occasions.”
Justice Mohapatra quashed the syndicate’s order and directed, “The petitioner be permitted to appear in the 4th and final semester back paper examination of LL.M Course at P.G. Department of Law, Utkal University, Bhubaneswar in the next semester examination of the regular course to be conducted by the Controller of Examination, by making special arrangement for the petitioner.”
“The result of the 4th and Final semester back paper examination of the petitioner shall be published at the earliest and in the event the petitioner qualifies in such exam, the petitioner shall be issued with the LL.M degree pass out certificate for the academic session 2010-2012 for all acts and purpose,”Justice Mohapatra further directed.