Point of Law: Education Law - Examination - Eligibility - Not only is petitioner ineligible for examination by virtue of his belated registration for third year, but last date for filling examination forms has also passed.

JUDGMENT :

PRATEEK JALAN, J.

The proceedings in the matter have been conducted through video conferencing.

CM APPL. 22571/2021 (for exemption)

Exemption allowed, subject to all just exceptions.

This application stands disposed of.

W.P.(C) 7150/2021 & CM APPL. 22572/2021 (for interim relief)

1. The petitioner is a student in the B.A. Programme in the respondent-Indira Gandhi National Open University [“the University”]. He has completed the first year and second year of his three-year degree. The grievance with which he has approached the Court is that he has not been permitted to take the third year examinations scheduled to take place in August 2021, and the University has informed him that he will be permitted to take the examinations only in December, 2021.

2. The petitioner enrolled in the course in 2018. He was unable to take the first year examinations as scheduled in June, 2019, and instead proposed to take the examinations alongwith his second year examinations in June, 2020. He ultimately took the first year examinations only in February-March, 2021, as the examinations were postponed due to the Covid-19 pandemic. As far as his second year examinations are concerned, they were not held in June, 2020 and all students were promoted to the third year pursuant to a notification of the University dated 10.12.2020.

3. It is undisputed that the University requires students to register annually for their courses. The petitioner registered for his first year courses in July, 2018 (at the time of taking admission), and for his second year courses in March-July, 2019. He registered for his third year courses in January, 2021.

4. The University, thereafter, issued a notification dated 09.07.2021, scheduling the examinations for the final/end-semester students in August, 2021. The students were required to register for the aforesaid examinations between 17.05.2021 and 12.07.2021.

5. The claim in the writ petition is that the petitioner tried several times to fill the online examination form, but his third year courses were not shown on the online portal, and he was therefore unable to register. The petitioner has further stated that he was informed on 14.07.2021 that registration for the final year examinations to be held in August, 2021 is closed, and he would be eligible to appear for the examinations in December, 2021. His subsequent representations have also not been accepted by the University.

6. Mr. Kuber Boddh, learned counsel for the petitioner, submits that the petitioner is being prevented from taking the third year examinations in August, 2021 only due to the fact that he had not registered for his third year courses in June, 2020, but registered only in January, 2021. Mr. Boddh refers me to the averments made in the writ petition to the effect that the petitioner was unable to re-register at the required time due to the Covid-19 pandemic situation and due to the fact that the University had not sent any intimation to him. As he was confused about the re-registration process for the third year, the petitioner claims that he was unable to complete the process. He further states that he was unable to step out of his home due to the Covid-19 lockdown, and that his calls to the University were unanswered.

7. Mr. Aly Mirza, learned counsel for the University appearing on advance notice, disputes the assertions of the petitioner. He submits that the petitioner is ineligible to take the third year examinations in August, 2021 as a minimum period of one academic year is required between registration for a particular year and taking the end-term examinations. Mr. Mirza submits that the entire process of registration is an online process, and the petitioner could well have undertaken the re-registration in July, 2020 as required. He states that 3.5 lakh students did so register at the required time. He further submits that the petitioner himself was aware of the requirement of re-registration, as is evident from the fact that he did, even acco