IMPORTANT POINT
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.

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 result of those papers.

6. Learned Single Judge on consideration of the relevant part of the “General Rules for University Examinations” held that she was not eligible to appear in the year 2021 in the said three papers. The relevant part of the “General Rules for University Examinations” relied upon in the impugned order is quoted below:-

“Chances for Back Candidates: A candidate who fails in any paper will be eligible for two normal and one special subsequent (consecutive) chance if approved by the competent authority (Vice-Chancellor) to sit for the examination for that particular paper(s) as per the existing Rules of the University. The students of the University pursuing their studies under ICAR curriculum B.Sc(Ag) & M.Sc. (Ag) and under NCTE curricular for B.Ed & M.Ed Courses, etc., shall get their respective changes as laid down in the ICAR, NCTE etc., norms. If a student of Ph.D. or M. Phil fails to qualify/pass in any of the courses in his/her regular change in any semester, one additional chance in the immediately succeeding academic session shall be given and that shall be the final chance.”

7. Learned Counsel appearing for the appellant submits that the first chance is availed only after a candidate fails in his/her first attempt to clear a paper. In other words the first chance would come only after a candidate has failed in the subject paper. It is submitted that she availed her fist chance only in the year 2019 when she was allowed to sit in the examination for those three back papers of the first semester along with her second semester.

8. Learned Single Judge was of the view that the petitioner failed in the said papers in 2018 thereby she lost her first chance. Accordingly, she was eligible to sit for the second chance in the year 2019 and if unsuccessful could sit for the third time in 2020 only with the approval of the Vice-Chancellor. She was given third chance in the year 2020. The petitioner did not appear and avail her third chance.

9. The relevant Rules stipulate only three consecutive chances to be given to the petitioner.

10. Learned counsel for the University has relied upon Clause(d) of the relevant regulation which reads as follows:-

“d. A candidate who fails to secure at least 40% marks in any Credited Course and 33% marks in any Non-credited Course of a Semester Examination shall be declared to have failed in that Course. The candidate may appear as a Back Candidate in that Course in the next corresponding Semester Examination. He/She shall have three consecutive chances to pass in that course starting with the first chance. However, for M Phil and Ph D coursework examinations the students will get only one additional chance to clear the backlogs starting with the first chance.”

(emphasis supplied)

12. The learned counsel for th