IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Karan Chaudhry - Appellant
Versus
Indira Gandhi National Open University - Respondent
LPA 222 of 2021 & CM Appl. 24182 of 2021 (Interim directions)
Decided On : 06-08-2021
| Table of Content |
|---|
| 1. eligibility based on academic registration timeline. (Para 1 , 2 , 3 , 4) |
| 2. argument on registration procedure and awareness. (Para 6 , 7) |
| 3. court's adherence to admission norms and rejection of appellant's claims. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. appeal dismissed; no error in lower court's judgment. (Para 16 , 17) |
JUDGMENT
D.N. Patel, CJ. (ORAL)--Proceedings have been conducted through video conferencing.
1. The Appellant herein assails the judgement dated 28.07.2021 passed by the learned Single Judge in W.P. (C) No. 7150/2021, whereby the writ petition was dismissed on the ground that the Appellant is not eligible to appear in the third-year examination scheduled to be held in August, 2020 on account of his belated registration for the third year in January, 2021.
2. The Appellant was enrolled as a student in the B.A. Programme in Indira Gandhi National Open University/Respondents in 2018. As per the case set out by the Appellant, in June, 2019, the Appellant filled the examination form for the first year but could not appear in the written examination scheduled in June, 2019, on account of some personal difficulty. Between March to July, 2019, Respondents informed the students for Re-registration process for the second year and accordingly, the Appellant deposited the Re-registration fee and the registration started for the second year. In March, 2020, Appellant filled the examination form on due dates for both the first and the second year, to be held in June, 2020 and also submitted all the assignments.
3. On 11.03.2020, Covid-19 was declared as a Pandemic and on 24.03.2020, a nationwide lockdown was declared, which continued till 31.05.2020. Ultimately, the Appellant took the first-year examination only in February-March, 2021 on account of the postponement of the exams due to Covid-19 Pandemic. As far as the second-year examinations are concerned, they were not held in June, 2020 and the students were promoted to the third year pursuant to a Notification of the University dated 10.12.2020.
4. The Appellant registered for third year course in January, 2021. The Respondents issued a Notification dated 09.07.2021, scheduling the examination for the final/end-semester, students in August, 2021 and the students were required to register for the same between 17.05.2021 and 12.07.2021. Appellant was informed on 14.07.2021 that registration for the final year examination to be held in August, 2021 was closed and that he would be eligible to appear only in December, 2021. Feeling aggrieved, the Appellant filed a writ petition seeking a direction to the Respondents to accept the Appellant's third year Re-registration from July, 2020 instead from January, 2020 and allow him to fill the examination form for the examination scheduled in August, 2021.
5. The learned Single Judge, vide the impugned judgement, dismissed the writ petition primarily on the ground that the period of enrolment in each year of the B.A. Programme is one year, which the Appellant had not completed till August, 2021 and none of the stipulations in the Ordinance to that effect had been challenged. Learned Single Judge did not find force in the reasons put forth by the Appellant for failure to re-register i.e. the Appellant tried several times to fill the online examination form, but his third year courses were not shown on the online portal and he was, thus, unable to register.
6. Learned counsel for the Appellant impugns the judgement of the learned Single Judge and contends that the learned Single Judge failed to take into consideration that the Appellant had tried his best to access the online portal for admission to final year (June-TEE) Exam, 2021, but was unable to register as the choice of his subjects for the B.A. Programme was not displayed on the selection option on the portal. Thus, the non-registration was on account of a technical lapse of the University's portal.
7. It is further contended that the admission
AI
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.
Eligibility for examination is contingent upon completion of the minimum time period i.e. a full academic year as per the University's Ordinance.
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....
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.
The court upheld the eligibility criteria for the CA Final Examination, ruling that the petitioner did not meet the required practical training due to personal lapses.
A university cannot deny a student the right to continue studies or withhold examination results based on procedural failures, especially after allowing the student to attend classes and take exams.
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....
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.
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