IN THE HIGH COURT OF DELHI
Prateek Jalan, J.
Karan Chaudhry - Appellant
Versus
Indira Gandhi National Open University - Respondent
W.P.(C) 7150 of 2021
Decided On : 28-07-2021
| Table of Content |
|---|
| 1. petitioner grievance regarding examination eligibility. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' arguments on registration and eligibility. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's assessment of registration process. (Para 12 , 13 , 14 , 15 , 16) |
| 4. writ petition dismissed. (Para 17) |
JUDGMENT
Prateek Jalan, J. (Oral)
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 along with 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 lock down, 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 i
AI
Students must adhere to mandatory registration deadlines and eligibility criteria as set forth by educational institutions; failure to comply negates the right to exam participation.
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 als....
Eligibility for examination is contingent upon completion of the minimum time period i.e. a full academic year as per the University's Ordinance.
Eligibility for examinations requires the completion of a full academic year, and failure to register on time is the student's responsibility regardless of personal difficulties.
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.
The court established the principle that amended regulations would be applicable to students admitted prior to the amendments but have not yet passed out, and the maximum prescribed time period under....
Court ruled that educational institutions must act fairly and acknowledge students' legitimate expectations, particularly after allowing them to participate in examinations despite procedural discrep....
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