Shivang Soni vs The Jiwaji Univeristy Gwalior

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

<div> NEUTRAL CITATION NO. 2026:MPHC-GWL:11672 1 WP-20081-2025 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. 20081 of 2025 SHIVANG SONI AND OTHERS Versus THE JIWAJI UNIVERISTY GWALIOR AND OTHERS Appearance: Shri Munna Lal Swarnakar - Advocate alongwith alongwith Shri Lokendra Sharma 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(s) seeking issuance of an appropriate writ, order or direction directing the respondent University to allow the petitioner(s) to appear in the 10th Semester examination of the B.A. LL.B. and B.Com. LL.B. courses and to issue admit cards/hall tickets for the said examination, along with other consequential reliefs. This Court, vide interim order dated 05.06.2025, taking into consideration the academic interest of the petitioner(s), directed the respondent University to permit the petitioner(s) to participate in the 10th Semester examination. However, it was specifically directed that the result of the petitioner(s) shall not be declared without the leave of this Court and that the petitioner(s) shall not be entitled to claim any equity on the basis of the 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-20081-2025 interim order. Learned counsel for the petitioner(s) submits that the petitioner(s) have been pursuing their respective courses and were permitted by the respondent University to attend classes and appear in examinations of preceding semesters without any objection at the relevant point of time. It is contended that the petitioner(s) have continued their studies bona fide and have now appeared in the 10th Semester examination pursuant to the interim order passed by this Court. It is further submitted that non-declaration of the result at this stage would cause serious prejudice to the academic career of the petitioner(s). Per contra, learned counsel appearing for the respondent University submits that as per the applicable Ordinance and Promotion Rules, the petitioner(s) were not eligible to appear in the 10th Semester examination on account of non-fulfilment of requisite academic conditions and, therefore, the result cannot be declared. Heard. It is not in dispute that the petitioner(s) were permitted by the respondent University to pursue the course and to appear in examinations of higher semesters from time to time without objection. The said permission was not an isolated instance but continued over a substantial period, thereby allowing the petitioner(s) to progress in their academic course. In such circumstances, it is evident that the respondent University did not enforce the applicable Promotion Rules at the appropriate stage and allowed the petitioner(s) to continue their studies and participate in 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-20081-2025 successive examinations. At this juncture, after permitting the petitioner(s) to appear in the 10th Semester examination pursuant to the interim order of this Court, withholding the declaration of their result would result in manifest injustice and would seriously prejudice their academic future. The facts of the present case are akin to situations where a student is permitted to pursue a course and appear in examinations over a period of time without demur, and thereafter, the authorities seek to deny the benefit of such participation on the ground of ineligibility. In such cases, the student cannot be made to suffer for the inaction or lapse on the part of the authorities, particularly when the student has acted bona fide and has availed the opportunity extended by the institution. In view of the aforesaid and in the peculiar facts and circumstances of the present case, this Court is of the considered opinion that the petitioner(s) ought not to be prejudiced at this stage. 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 respondent University to declare the result of the petitioner(s) for the 10th Semester examination forthwith. It is, however, made clear that in case the petitioner(s) have not cleared any subject or are required to fulfil any academic requirement in accordance with the applicable rules, they shall be at liberty to do so, and the declaration of result shall remain subject to fulfilment of such requirements. It is further clarified that this order has been passed in the peculiar facts and circumstances of the case, particularly considering that the 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-20081-2025 petitioner(s) 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 pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 4/10/2026 11:00:07 AM</div>