Back
SOUMEN SEN, UDAY KUMAR
Kasturi Sarkar – Appellant
Versus
Visva Bharati – Respondent
JUDGMENT :
Soumen Sen, J.
We have heard the learned counsel for the parties.
2. It is submitted that the petitioner had failed in three papers but it has been wrongly recorded as two papers in the impugned order.
3. The petitioner was a student of B.A (Honours) in Comparative Religion under Visva-Bharati.
4. The first semester examination was held in 2018. The petitioner failed in three papers spread over two courses, namely, (i) Islam: Origin and Development CC-2 under core course, (ii) Tagore Studies (English) under foundation course and (iii) Literature and the other Arts GEC-I (Comparative Literature) under Generic Elective Course. Thereafter she was allowed to sit for the said three papers again in the year 2019 along with the second semester to clear the backlog. This time also the petitioner was unsuccessful. Again in the year 2020, the examination was held for the said three papers, but the petitioner did not fill up the form. In the year 2021, the University issued admit card in favour of the petitioner for appearing in the examination of said three papers.
5. In view of the fact that her result was not published, the petitioner filed a writ petition praying for publishing the r
The need to interpret university examination rules in favor of the student and consider exceptional circumstances, such as the impact of the pandemic, on a student's ability to sit for examinations.
Students should not be penalized for administrative delays, and universities must provide fair opportunities for examination.
The judgment established the principle that students have a limited number of attempts within a specified span period to clear their LL.B courses, and they are not entitled to special examinations af....
The court emphasized the importance of considering a student's legitimate expectations and the impact of University rules on academic progression, especially in the context of the Covid-19 pandemic.
Court ruled that educational institutions must act fairly and acknowledge students' legitimate expectations, particularly after allowing them to participate in examinations despite procedural discrep....
The court emphasized that the proposition that the University is precluded from holding back a result of a candidate if allowed to sit and participate in the examination is not of universal applicati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
