• Education.

I filed a writ petition in Punjab and haryana high court for my semester exams in Army institute of law mohali on 11 April 2016.The case is extended on every hearing and now the fresh date given is 4 July 2016.The exams have already started and will end by 10 June.My lawyer is not responding properly and always give some excuse or the other. Is it possible that court can allow me to write my exams as exams will be over by then ?
Should I change my advocate as I am not at all satisfied with his service ?
Will the court hear before 4 July if I change my advocate ?
How much time it will take if a approach a consumer forum for refund of my fees incase college dont allow me to write my exams.
My case no is CWP 6738/2016 in Punjab haryana high court.
Asked 8 years ago in Civil Law

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7 Answers

1) your lawyer has to move HC for urgent reliefs that exams would be completed by 10 th june 2016 before the next date of hearing fixed for 4th july 2016

2) if you are not heard your petition would become infructuous

3) change your lawyer

4) cases before consumer forum take 2 years to be disposed of

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Is it possible that court can allow me to write my exams as exams will be over by then ?

Should I change my advocate as I am not at all satisfied with his service ?

You can file an urgent petition on the subject seeking relief urgently owing to the examinations going on, you may change your advocate if he is not trust worthy.

Will the court hear before 4 July if I change my advocate ?

Yes, you can change the advocate by obtaining NOC from him now also.

How much time it will take if a approach a consumer forum for refund of my fees incase college dont allow me to write my exams.

The time taken by consumer case for disposal cannot be predicted, you have to follow it scrupulously to get an expeditious disposal.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Unless the court gives you interim relief you cannot write exams. You people tend to blame lawyers for everything without taking into account the hurdles that stand in way of getting a case listed for early hearing due to the humongous backlog of cases. Be that as it may, you are free to change your lawyer at anytime, but even a new lawyer may not be able to produce anything different if the delay is due to the load on the system.

2. Move the consumer forum only after the writ is decided.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, you have to file an early hearing application and request the Court to hear the matter as early as possible and if the matter will not taken up before 10th June, Writ petition will become in fractious. Normally Court will consider the request of the party and will hear the matter.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1) it would be at the discretion of court to permit you to write exams after exams are over

2) it is better you move application for urgent reliefs as advised earlier

3) you should receive full refund of fees with interest . compensation awarded would be nominal

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Is there any possibility that court will allow me to write my exams after the exams are over just like in case of Patna university where Patna high court allowed the students to write exam after the actual exams were over ?

It depends on how strong the case is presented and argued before the high court. A prudent and experience advocate may be able to handle your case with perfection to get an order in your favor.

My fees for the course was Rs 155858..how much amount I should receive along with interests,mental harrasment,litigation costs etc ?

You should be happy if you get an order to refund the actual fee due to you without any deduction,however you may file the recovery suit seeking interest also from the date of this suit.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The Patna HC gave interim relief to the students but in your case interim orders have not been passed yet. Everything is possible but not until you get interim orders from the court. You are entitled to receive the entire amount if you can prove that you were not at fault.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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