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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula, J.
Samriddhi Khandelwal - Appellant
Versus
National Institute Of Fashion Technology - Respondent
W.P.(C) 4696 of 2022
Decided On : 30-05-2022
Identity Disclosure - NIFT Entrance Exam - Rule 12 - [Rule 12 of the Admit Card] - Anonymity to be maintained to ensure that the examiner is not privy to the identity of the candidate, for the sake of uniformity in checking. Breach occurred while the Petitioner took a picture of the answer sheets with the name of the coaching institute. The identification mark does not seem to violate condition no. 12 of the Admit Card, and for this reason alone, the Court is inclined to give the benefit of the doubt to the Petitioner. The online exam was for a period of three hours and the Petitioner was required to take her examinations under two cameras. There is no allegation against the Petitioner of any malpractice or use of unfair means. The Court is of the view that a momentary lapse on the part of the candidate must not be met with such a severe punitive action, which would cause grave and irreparable prejudice and affect the Petitioner's future perversely. The Petitioner is allowed to join the counselling on the basis of her results of the examinations which was permitted under court directions.
Fact of the Case:
Ms. Samriddhi Khandelwal appeared for the NIFT Entrance Exam and was disqualified for disclosing the identity of the coaching institute from which she was taking coaching for the exam. She approached the Court seeking to publish and declare her result and to allow her to participate in the Situation Test. The Court directed the Respondent to permit the Petitioner to appear in the Situation Test, and after the Petitioner cleared the third round of examination, the Court allowed the petition.
Finding of the Court:
The Court found that the identification mark on the answer sheets did not violate the exam rules, and there was no evidence of malpractice or unfair means used by the Petitioner. The Court deemed it fit to allow the petition based on the Petitioner's merit and dedication towards her desire to become a professional in the field of fashion technology.
Issues: Disqualification for identity disclosure, Petitioner's request to publish and declare her result, and to allow her to participate in the Situation Test.
Ratio Decidendi: A momentary lapse on the part of the candidate must not be met with such a severe punitive action, and each case will turn on its own facts. The Court allowed the petition based on the peculiar facts and circumstances of the case.
Final Decision: The petition is allowed, and the Respondent is directed to allow the Petitioner to join the counselling on the basis of her results of the examinations which was permitted under court directions.
ORDER
1. Ms. Samriddhi Khandelwal, the Petitioner herein, aspiring to gain admission to the bachelor of design course of Resondent - National Institute of Fashion Technology ['NIFT'], appeared as a candidate for the online invigilated / remote proctored NIFT Entrance Exam, 2022 [hereinafter, 'Exam']. This Exam was divided into two parts - a written exam which was held on 06th February 2022 and a Situation Test which was to be held from 2nd April 2022 onwards. The written test was further divided into two parts -the Creative Aptitude Test (CAT) for 180 minutes and the General Aptitude Test (GAT) for 120 minutes. The candidate appeared for the online exam on 06th February 2022 from her residence, as per specifications mentioned in the Admit Card, complying with Rules and Regulations for Online Invigilated / Remote Proctored NIFT Entrance Exam for Admissions 2022.
2. She was declared as disqualified in respect of the CAT exam, in the declaration of result dated 9th March, 2022. Aggrieved, she has approached this Court seeking following prayers:
A. Issue a writ/ order or direction in the nature of Mandamus or any other appropriate writ/direction to direct the Respondent to publish and declare the result of the Petitioner in pursuance of the entrance exam conducted/ held by the Respondent on 06.02.2022 for admission to bachelor of design course taught by the Respondent and the same being attended / attempted by the Petitioner.
B. Issue a writ/order or direction in the nature of Mandamus or any other appropriate writ/direction to direct the Respondent to allow the Petitioner to participate in Situation Test (second round) to be held on 02.04.2022.
C. Award the cost of this petition to the Petitioner.
3. NIFT has filed a counter-affidavit, contesting the petition. It is contended that the Petitioner has been rightly disqualified as she has disclosed the identity of the institute from which she was taking coaching for the exam, as is clearly visible from the PDF answer sheets uploaded by her to the online portal. Therefore, it is a case of her identity being disclosed in the examination, which is in violation of Rule 12 printed on the Admit Card. As a sample, two pages of the PDF answer sheets of the candidate are appended with the counter-affidavit. Mr. Anil Soni, Standing Counsel for NIFT, has strongly objected to the petition, saying that it would set-up a wrong precedent. He has strenuously argued that the Petitioner's intent should not be a factor to persuade the Court and that there are a handful of other candidates who too have been disqualified for similar reasons.
4. On 31st March 2022, after taking a prima facie view on the matter, this Court directed the Respondent to permit the Petitioner to appear in the Situation Test, which was scheduled to be held from 2nd April, 2022 onwards. It was further directed that the result of the Petitioner would be submitted to the Court in a sealed cover. In compliance thereof, the Petitioner appeared for the Situation Test, and as per the result shown to the Court, which Mr. Anil Soni has also perused, Petitioner is eligible for counselling.
5. The petition is now taken up for final disposal, as counselling is underway.
Analysis:
6. First and foremost, the condition relied upon by the Respondent to disqualify the Petitioner needs to be analyzed. Rule 12 printed on the Admit Card reads as follows:
12. Candidates needs to take note that for the CAT examination you will be required to see the questions and then draw/ write A4 White sheets. Subsequently you will have to upload the same by following the step-by-step process suggested on your guide. Candidates who try to disclose their identity by writing any personal details other than in the space provided for the cover page or place any identification mark, on the Question-cum-Answer Booklet shall be considered DISQUALIFIED' candidate shall not be declared.
7. The afore-noted condition stipulates that candidate who try to disclose their identity by writ
A momentary lapse on the part of the candidate must not be met with such a severe punitive action, and each case will turn on its own facts.
The court established that strict adherence to examination protocols and document requirements is essential for maintaining the integrity of the examination process, and failure to comply with such r....
Petitioner's failure to timely upload required documents and seek relief from the proper forum leads to dismissal of the application for extraordinary entry into examination.
The power of writ courts under Article 226 of the Constitution of India has to be exercised sparingly in academic matters, limited to cases where actions borne out of malafide or arbitrariness etc. a....
The main legal point established in the judgment is that the petitioner's eligibility to appear in the 6th Semester Examination was determined based on the attendance requirement under Ordinance VII.
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