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MOHIT KUMAR SHAH
Prabhansh Kumar Bharti Son of Sri Awadhesh Prasad Bharti – Appellant
Versus
Vice Chancellor, Bhupendra Narayan Mandal University – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the Order dated 17.2.2020, passed by the Controller of Examination, Bhupendra Narayan Mandal University, Madhepura (hereinafter referred to as the ‘University’), whereby and whereunder the petitioner has been informed that his request for publication of result of BCA second semester examination (2011-2014), has been rejected, being beyond the regulations inasmuch as the petitioner had appeared in BCA second semester examination, after the time period prescribed under the Regulation IX (b) had expired.
2. The brief facts of the case are that the petitioner had taken admission in Bachelor of Computer Application (BCA) Course in the Respondent-University for the academic session 2011-2014. The petitioner had appeared in the second semester examination held by the University in the month of October, 2012 and when the result was published, the petitioner found that he had failed in one subject, however, he had passed in the other subjects. After passing the 4th semester exam, the petitioner had filled examination form for the aforesaid one subject in which he had failed, which was accepted by the University and admit card wa
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
Exam results cannot be cancelled without direct evidence of unfair means; lack of due process and discrimination in similar treatment of candidates violates principles of justice.
The court held that the decision of the respondent authorities to disqualify the petitioner under Regulation 5(a) without finding mala-fide possession of material was non-speaking and cryptic, and fa....
The cancellation of examination results based on unproven allegations of unfair means, without substantial evidence, is legally unsustainable and discriminatory, violating principles of fairness in e....
The cancellation of exam results for alleged unfair means without direct evidence or proper justification violates procedural fairness and equality rights under the Constitution.
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