Shraddha Prabhakar vs Jiwaji University, Gwalior

Court: Madhya Pradesh High Court
Decided on: 08-04-2026

<div> NEUTRAL CITATION NO. 2026:MPHC-GWL:11672 1 WP-20140-2025 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 8 OF APRIL, 2026 WRIT PETITION No. 20140 of 2025 SHRADDHA PRABHAKAR Versus JIWAJI UNIVERSITY, GWALIOR AND OTHERS Appearance: Shri Mohar Singh - Advocate for the petitioner. Shri Tapan Kumar Trivedi - Advocate for the respondent No.1. ORDER The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking issuance of a writ in the nature of mandamus directing the respondents to permit the petitioner to fill the examination form of the 8th Semester June 2025 examination and to allow the petitioner to appear in the said examination, as well as to permit the petitioner to appear in the 10th Semester June 2025 examination, along with other consequential reliefs. This Court, vide order dated 05.06.2025, taking into consideration the academic interest of the petitioner, granted interim relief directing that the petitioner be permitted to appear in the 10th Semester examination of the LL.B. course. It was further directed that the result of the petitioner shall not be declared without leave of this Court. Learned counsel for the petitioner submits that the petitioner has been Signature Not Verified Signed by: PAWAN KUMAR Signing time: 4/10/2026 11:00:07 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:11672 2 WP-20140-2025 pursuing the LL.B. course and was permitted by the respondents to attend classes and appear in examinations of preceding semesters without any objection at the relevant time. It is submitted that the petitioner has acted bona fide and continued her academic progression on the basis of such permission granted by the respondents. It is further contended that the petitioner has already appeared in the 10th Semester examination pursuant to the interim order passed by this Court and that withholding the declaration of the result would cause serious prejudice to her academic career. Per contra, learned counsel appearing for the respondents submits that as per the applicable Ordinance and Promotion Rules, the petitioner was not eligible to be permitted to appear in the higher semester examinations on account of non-fulfilment of requisite academic conditions and, therefore, the result cannot be declared. Heard. It is not in dispute that the petitioners were permitted by the respondent to attend classes and appear in examinations of higher semesters without objection at the relevant time. Such permission continued over a considerable period and was not a one-time instance, thereby giving rise to a legitimate expectation in favour of the petitioners that their academic progression was in accordance with the rules. At this stage, after permitting the petitioners to appear in the 10th Semester examination pursuant to the interim order passed by this Court, withholding the declaration of their result would result in manifest injustice and serious prejudice to their academic career. The respondents, having Signature Not Verified Signed by: PAWAN KUMAR Signing time: 4/10/2026 11:00:07 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:11672 3 WP-20140-2025 failed to enforce the applicable rules at the appropriate stage, cannot now turn around and penalize the petitioners, particularly when no fault is attributable to them. In the peculiar facts and circumstances of the present case, this Court is of the considered view that the petitioners ought not to suffer on account of lapses on the part of the respondents. Accordingly, without entering into the merits of the eligibility conditions under the Ordinance and Promotion Rules, the present petition is disposed of with a direction to the respondents to declare the result of the petitioners for the 10th Semester examination forthwith. It is, however, made clear that in case the petitioners have secured below passing marks in any subject or are required to fulfil any academic requirement, they shall do so in accordance with the applicable rules. The declaration of result shall remain subject to the petitioners fulfilling such requirements, if any. It is further clarified that this order has been passed in the peculiar facts and circumstances of the case where the petitioners were permitted to continue their studies and appear in examinations without objection, and therefore, this order shall not be treated as a precedent. The petition stands allowed in the aforesaid terms. No order as to costs. (MILIND RAMESH PHADKE) JUDGE Signature Not Verified Signed by: PAWAN KUMAR Signing time: 4/10/2026 11:00:07 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:11672 4 WP-20140-2025 pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 4/10/2026 11:00:07 AM</div>