IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1391 of 2008 (M/S) 1. Tapneesh Singh S/o Shir G.S. Kohi R/o Opp. Police Station Panditwari, Dehradun. 2. Sanjeev Kumar Sagar S/o Shri Ram Gopal Sagar R/o Opp. Police Station Panditwari, Dehradun. 3. Jitendra Kumar S/o Shir Niranjan Singh R/o Village Kondia, P.O. Jamniwala Tehsil Paonta Sahib, District Sirmaur Himanchal Pradesh. 4. Harish Joshi S/o Shri V.B. Joshi Village & P.O. Bhagwantpur Dehradun. .................Petitioner. Versus 1. H.N.B. Garhwal University Srinagar, Garhwal, through its Registrar 2. The Registrar, H.N.B. Garhwal University Sri Nagar, Garhwal. 3. Law College Dehradun Arcadia Grant, Post Office Chandanwari, Prem Nagar Dehradun, through its Principal. ..................Respondents. Shri Alok Singh, Sr. Advocate, assisted by Ms. Mamta Joshi, Advocate for the petitioners. Shri J.P. Joshi, learned Addl. Chief Standing Counsel for the respondents No.1 and 2. Shri Ravi Babulkar, Advocate for respondent No.3. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioners have sought following reliefs:- “(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 University to hold the annual/semester examinations of the Three Year Law Course and the Five Year B.A. L.L.B. course in conformity with the Chapter 4 of the Bar Council of India Rules and UGC (Minimum Standard of instruction for the Grant of the First Degree through Formal Education) Regulations 2003. (b) Issue writ, order or direction in the nature of mandamus commanding the respondent No. 1 University to hold the annual session of the classes of the Three Year Law Course and the Five Year B.A. L.L.B. course in conformity with the Chapter 4 of the Bar Council of India Rules and UGC (Minimum Standard of instruction for the Grant of the First Degree through Formal Education) Regulations, 2003. (c) Issue writ, order or direction in the nature of mandamus commanding the respondent No.1 to arrange studies of odd semester in such a way by curtailing the vacations/holidays or by arranging extra classes that 100 classes be covered by December, 2008, so that University would be able to channelise further examination in conformity of Chapter 4 of the Bar Counsel of India Rules and UGC (Minimum Standard of instruction for the Grant of the First Degree through Formal Education) Regulations, 2003.” 3. Petitioners, who are students of Law College, Dehradun, have drawn attention of this Court to Chapter IV of Bar Council of India Rules, and UGC (Minimum Standard of instruction for the Grant of the First Degree through Formal Education) Regulations, 2003. It is argued on behalf of the petitioners that they are suffering due to delay in holding examination by the respondent-University with whom respondent No.3-College is affiliated. 4. In reply, on behalf of respondents No.1 and 2, a short counter affidavit has been filed. In Para-3 and 5 of the short counter affidavit, filed on behalf of the University, following averments are made:- “3. .............................................................................. In this regard the answering respondent respectfully submits that the examination of all the semester of L.L.B. three years course (6 semester) and 5 years integrated B.A. L.L.B. course consisting of 10 semesters has been finally conducted and after completion the result had already been declared and the University always tried with its best efforts to conduct the examination, of not only L.L.B. course, but also other classes and courses, within time subject to the submission that admission may be completed within time, because some time by super coming events for example students strike, agitation and other moments as well as procession by political parties including the Students Union Election, the classes remain disturb causing to delay in examination and such type of super coming events are beyond control of the University. However, the University takes necessary measure and precautions for conducting examination within the schedule prescribed time for examination. ........................................................................................ 5. That apart form above situation and circumstances with the University, the University has got completed all the examination of all the semester of L.L.B. classes and final result has been declared and in future also the University shall take all precautionary measure for the purpose of maintaining all standards for imparting education since admission to final examination and thereafter declaration of result.” 5. In view of the above averments, made in the counter affidavit on behalf of the University, this writ petition is disposed of with the direction that respondent/University shall make every effort to hold the examination of L-L.B. ( three years and five years course) Keeping in mind the provision of Chapter IV of Bar Council of India Rules, and U.G.C. (Minimum Standard of instruction for the Grant of the First Degree through formal Education) Regulations 2003, if necessary by arranging extra classes. (Prafulla C. Pant, J.) Dt. 17.11.2008 Sweta