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The instant case of Mr. Aakash Deep Singh vs. National Law School of Indian University & Anr was filed in the High Court of Karnataka under Article 226 and 227 of the Constitution of India to quash the decision of the university which did not promote the petitioner to the next academic year. In this instant case, the student (petitioner) was given an opportunity to appear for the repeat exams. The Petitioner who is a 3rd-year law student had 18 arrear papers and the university decided to detain him in the same academic year. The student was not allowed even to appear for the Special Repeat Exams conducted by the university. It was argued by the petitioner that previously some students who were in similar circumstances were given an opportunity to re-write the exams which they have failed to clear earlier.
The High Court while observing the submissions by the parties noted that the respondent University permitted other similarly circumstanced students, to appear for the Special Repeat Examination and this was in violation of the provisions of AER 2009. The court stated that the Notification by the University was the only directory in nature. The Court also observed that in a country like India if being poor is not sin, then being poor in intelligence too cannot be a sin, but the opportunity that was made available for others should not be denied to the petitioner as that would be arbitrary and discriminatory and will offend that sense of justice by violating the rights of the petitioner. The court referred to the case of Vitarelli vs. Ceaton, (1959) 359 US 535 in which it was held that an executive agency must be known for maintaining its standers, as it will be judged by the standers it professes. Thus, the court applied a firmly rooted principle under the administrative law .i.e he that takes the procedural sword shall perish with that sword. Therefore after careful perusal of facts and circumstances of the case, the High Court of Karnataka issued a writ of certiorari to quash the orders of Respondent University preventing the petitioner from appearing for Special Repeat Examinations.
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