The University has the discretion to decide the mode of examination, and students do not have a vested right in this matter.

JUDGMENT

Lapita Banerji, J. - This appeal arises out of a Judgment and Order dated June 14, 2022 passed by Hon'ble single Bench whereby the writ petition being no. WPA 10455 of 2022 was dismissed as unmeritorious.

2. In the writ petition, the petitioner challenged memo dated May 12, 2022 vide memo no. 370(31)-Edn(CS)/10M-14/2022; issued by the Special Commissioner to the Vice-Chancellor of all the Universities authorizing them to 'take suitable decision regarding mode of conduct of University examinations, on the basis of extant Rules and Regulations of the concerned University.' The petitioners' grievance is that the University of Calcutta acted arbitrarily, illegally and in a discriminatory manner by deciding to hold the examination only on 'offline mode'.

3. The Hon'ble Single Bench refused to entertain the claim of the petitioners on the ground that since all the examinations were to be held on offline mode, there was no question of discrimination at all.

4. The Hon'ble Single Judge further held that the State as well as the University Grant Commission (U.G.C.) have left the mode of conducting examinations to the discretion of the Universities. The University of Calcutta through its office bearers decided to conduct the examination through 'offline mode' and such a decision in the academic field was not liable to be interfered with in the exercise of writ jurisdiction. He further held, that the students have no vested Right with regard to the mode of conducting the examinations, relying on a decision passed by the High Court of Jammu and Kashmir at Srinagar passed in WP©1903/2020 (Sayed Ainain Quadri V. UGC &ors).

5. Mr. Sandip Mondal, Ld. Counsel appearing for the appellants, argued that nor only was the syllabus incomplete but the examinations were declared without completing 180 days of classes. The University of Calcutta, announced that the examinations to be held on 'off-line' mode on and from June 14, 2022, upon a very short notice to the students. The students did not get sufficient opportunity to prepare themselves for offline examinations.

6. Students were not mentally prepared to sit for examinations on 'offline mode'.

7. To support his contention he relied on Clause 6.3 of UGC (Minimum standards of instruction for the Grant of the First Degree through Formal Education) Regulations, 2003, (hereinafter referred to as the 2003 regulations.') Clause 6.3 of the 2003 Regulation reads as thus:-

'The nature of final examination, whether written or oral or both, in respect of each course shall also be made known to the students at the beginning of the academic session.'

8. Therefore, intimation should have been given to the students at the beginning of the academic session as to the mode of conduct of examination.

9. Students studying at all other Universities were getting an opportunity to sit for examinations on online mode and were likely to score better marks than the students studying at Calcutta University, putting them to disadvantage, for no fault of their own.

10. Mr. Mondal further submits that due to the ongoing pandemic, the health issues of the students will be better addressed if the students sit for examination on online mode.

11. Mr. Jishnu Chowdhury, Learned Counsel appearing for the University / Respondents no. 7 to 9 rebuts the contention of the appellants on the ground that no illegality has been committed by the University of Calcutta.

12. Pursuant to the memo dated May 12, 2022 the Vice-Chancellor of the said University was given the authority to take a suitable decision regarding the mode of conduct of the University examinations, considering the present situation and on the basis of the extant Rules and Regulations of the concerned University. The respondent no 7/The Vice-Chancellor decided that the offline mode of examination was the suitable mode and necessary advice was given by him, accordingly.

13. He further submits, that the decision making power with regard to the mode of conduct of the examination was