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Allahabad High Court

ANUSHKA MISHRAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition was disposed of, allowing the petitioner to appear in the university's scheduled supplementary examination without a specific mandamus direction.

Summary

The petitioner, Anushka Mishra, filed a writ petition seeking a mandamus directing the University Controller of Examinations to conduct a back-paper examination for her B.Sc. Physics V semester or to declare her result as passed within a specific time. The petitioner alleged that the university had not yet conducted the back-paper. The university responded that a supplementary examination was scheduled for November 2026, and the petitioner could appear then, rendering a specific time direction unnecessary. The court examined whether a mandamus was required given the university's existing schedule. Concluding that the scheduled supplementary exam sufficed, the court disposed of the petition, permitting the petitioner to appear in the November 2026 examination subject to requisite formalities.

Issues considered

  • Whether the court should issue a mandamus directing the university to conduct the back-paper examination within a specific time frame.

Subjects

  • mandamus
  • writ petition
  • university examination
  • back paper
  • supplementary exam
  • higher education

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 36709 of 2026

                                    Anushka Mishra
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State of U.P. & 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                           :   Shiv Mangal Pandey
                                    Counsel for Respondent(s)                           :   C.S.C., Pratik Chandra

                                    Court No. - 38
                                                               HON'BLE VINOD DIWAKAR, J.

                                    1. Heard Shri Shiv Mangal Pandey, learned counsel for the petitioner and Shri Pratik
                                    Chandra, learned counsel for the respondent no.2 and learned Standing Counsel for
                                    the State.

                                    2. The present petition has been filed seeking direction in the nature of mandamus
                                    commanding the respondent no.2/Controller of Examination/Registrar of the
                                    University to take appropriate action for conducting the back paper of the B.Sc Vth
                                     semester of physics subject of the petitioner or declare her result passed within in a
                                    time frame.

                                    3. Learned counsel for the petitioner submits that, till date, the respondent no.
                                    2/Controller of Examinations of the University has not conducted the back-paper
                                    examination of the petitioner in the subject of Physics of B.Sc. V Semester. It is,
                                    therefore, prayed that a direction may be issued to the respondent no. 2 to conduct the
                                    said examination within a specific time.

                                    4. Per contra, learned counsel appearing for the University submits that the
                                    supplementary examination is proposed to be held in November, 2026, and the
                                    petitioner may appear in the said examination. It is, therefore, submitted that no
                                    separate direction prescribing any specific time frame is required, as the University
                                    has already scheduled the supplementary examination.

                                    5. In view of the statement made by learned counsel for the University, the present
                                    writ petition is disposed of with liberty to the petitioner to appear in the supplementary
                                    examination proposed to be held in November, 2026. The University shall permit the
                                    petitioner to appear in the said examination, subject to fulfilment of the requisite
                                    formalities.

                                    September 21, 2026
                                    A. Tripathi
                                                                                                        (Vinod Diwakar,J.)




Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad


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