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PURUSHAINDRA KUMAR KAURAV
Miss Akshita Sabharwal – Appellant
Versus
Secretary, Department of Higher Education, Ministry of Education, Government of India – Respondent
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)
1. The petitioner in the instant writ petition filed under Article 226 of the Constitution of India prays for directions to the respondents to conduct a re- test of the Common University Entrance Test (UG)-2023 [hereinafter CUET (UG)-2023] for the petitioner on account for her inability to appear for the exam for Psychology subject that was conducted on 15.06.2023.
2. Learned counsel appearing on behalf of the petitioner submits that the petitioner completed her Class 12th examinations in Humanities stream in 2023 and thereafter, being desirous of doing graduation in Psychology subject, filled up the form for CUET (UG)-2023. It is pointed out that as per the public notice dated 30.04.2023, the National Testing Agency (hereinafter NTA), which conducts the examination in question, specifically announced that the release of admit cards for the examination would take place three days before the actual date of examination.
3. Learned counsel for the petitioner, therefore, submits that in April, 2023, as per the information published by respondent No.2-NTA, it was stated that the dates of examination would be between 21.05.2023 to 31.05.202
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....
Point of law: Petitioner submits her examination form along with examination fee and other details as required, on the portal of the respondent-University.
The university must ensure proper communication regarding examination schedules to avoid prejudice against students.
The court held that postponement of scheduled examinations requires manifest arbitrariness to warrant judicial intervention, and mere hardships faced by some students do not suffice to disrupt establ....
The court emphasized the importance of fulfilling subject mapping criteria for admission through CUET and recognized the discretion available to candidates in choosing subjects closely related to tho....
The central legal point established in the judgment is the responsibility of the college to ensure the timely deposit of examination fees and the court's authority to direct necessary actions to rect....
The decision to conduct the NEET UG 2022 examination within a stipulated timeline is an administrative function and a matter of policy domain, which cannot be interfered with by the courts, unless it....
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