Mohammad Ali Agha VERSUS University of Kashmir and others
The High Court has sought personal appearance of top officials of University of Kashmir (KU) for defying the court order on allowing the Law student to appear in 6th Semester examinations.
Justice Mohan Lal directed the Registrar, Dean Academics, Dean School of Law and Controller examination of KU to remain present before the court on Monday (February 27) to explain as to why the order of January 27 has not been implemented.
The court had directed the KU authorities to allow the petitioner-Mohammad Ali to appear in the examination of 6th Semester of BA LLB course which was scheduled to be held on February 4. The University counsel after passing of the said direction had assured that the said order will be implemented in letter and spirit. He had submitted that the petitioner-Ali would be allowed to appear in the examinations.
Since the KU-authorities defied the court direction by not allowing the petitioner to appear in the exams which compelled the petitioner to institute the contempt proceedings against the erring officials of the Varsity.
FULL ORDER;
"In view of the controversy involved in this petition, this case was listed today for final adjudication as the career of a student is involved.
Vide order of this Court dated 27.01.2023, respondents were directed to allow the petitioner to appear in the examination of 6th Semester, BA. LLB Course scheduled to be held from 04.02.2023.
Mr. M. S. Latief, learned counsel for the respondents-University in terms of orders of this Court dated 04.02.2023 submitted that the order passed by this Court on 27.01.2023 will be implemented in letter and spirit and the petitioner will be allowed to appear in the examination of 6th Semester, BA LLB Course. The respondents did not obey the order of this Court dated 27.01.2023, therefore, petitioner filed a contempt petition before this Court bearing CCP no. 25/2023.
In the said contempt petition, learned counsel for the respondents assured implementation of order of this Court dated 27.01.2023.
Today, learned counsel for the respondents, Mr. M. S. Latief, has chosen not to appear.
Learned counsel for the petitioner has vehemently stated that career of the petitioner is at stake as the respondents are not allowing him to appear in the required examination and are not issuing admit card in his favour.
The respondents are again directed to comply the order of this Court dated 27.01.2023 in letter and spirit, as assured by Mr. M. S. Latief, learned counsel for the respondents, by the next date of hearing. In the meantime, respondent nos. 2, 3, 5 and 7 shall appear in person before this Court on the next date of hearing positively showing cause as to why the order of this Court is not being implemented."
The Court has kept the main matter for final disposal on February 28 while the contempt petition would be heard by the court on February 27.