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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR GAUR, J.
Akash Mangal Son Of Rajendra Mangal – Appellant
Versus
Sri Karan Narendra Agriculture University, Jobner, Jaipur Through Its Chancellor – Respondent
S.B. Civil Writ Petition No. 14719 of 2022
Decided on : 04-02-2023
Semester examination - Result not issued - Petitioner passed all semester of B.Sc. Part-I Year (Hons.) course with agriculture and appeared in B.Sc. Part-II Year (Hons.) course and was also declared successful in first semester examination of aforesaid course - Respondents conducted B.Sc. Part-II Year (Hons.) course and issued admission card to petitioner - Grievance of petitioner is that petitioner, who was declared successful in B.Sc. Part-II Year (Hons.) course with agriculture second semester examination and declared successful, he, appeared in first semester examination and got admission in B.Sc. Part -III Year (Hons.) - Since respondents themselves permitted the petitioner to get admission in Part-III Semester-I and as such, respondents cannot be justified in withholding result of petitioner and further, not taking petitioner as eligible to pursue course in Part-III Semester-I examination. Para 23
Finding of Court :
Submission of counsel for petitioner that respondents are applying new Information Bulletin on petitioner and as such, maximum five backlog papers, which have been prescribed under new regime, cannot be made applicable to petitioner, Court finds that Information Bulletin for 2022-23 has been issued to guide fresh candidates taking admission in first academic year and as such, there is no substance in submission of counsel for petitioner that on account of new regulation, petitioner has been treated ineligible in Part-III Semester-I - candidate was granted admission and further minimum requirement of admission was not overlooked by Authorities while granting admission and as such, candidates had appeared in paper subsequently and in such factual background, Apex Court came to conclusion that petitioner had not secured admission in any illegal manner and as such, there was no suppression by candidate and accordingly, benefit was extended to that candidate by Apex Court - Judgment is of no assistance to counsel for petitioner - Court finds that prayer sought by petitioner cannot be accepted by this Court.
Result : Present writ petition stands dismissed.
JUDGMENT :
1. The instant petition has been filed by the petitioner with the following prayer :
“a) By an appropriate writ, order or direction the respondents may kindly be directed to issue the result of petitioner of the B.Sc. Part-IIIrd year (Hons.) course with agriculture First Semester examination and further the respondents may kindly be directed to allow to petitioner to attend regular classes of B.SC. Part-IIIrd year (Hons) Agriculture course;
2. Learned counsel for the petitioner submitted that the petitioner, after passing Senior Secondary Examination, was granted admission in B.Sc. (Hons.) Course with the subject of Agriculture and he was allotted the College of Agriculture, Lalsot.
3. Learned counsel for the petitioner submitted that the petitioner passed all the semester of B.Sc. Part-I Year (Hons.) course with agriculture and appeared in B.Sc. Part-II Year (Hons.) course and was also declared successful in first semester examination of the aforesaid course.
4. Learned counsel submitted that the respondents conducted B.Sc. Part-II Year (Hons.) course and issued admission card to the petitioner.
5. Learned counsel submitted that meanwhile, the petitioner was also granted admission in B.Sc. Part-III Year (Hons.) and necessary fee was deposited.
6. Learned counsel submitted that grievance of the petitioner is that the petitioner, who was declared successful in B.Sc. Part-II Year (Hons.) course with agriculture second semester examination and declared successful, he, therefore, appeared in first semester examination and got admission in B.Sc. Part -III Year (Hons.) but the respondents had not issued result of B.Sc. Part-III Year (Hons.) course with agriculture first semester examination without any reason.
7. Learned counsel submitted that the petitioner submitted several representations before the Authorities for issuance of result of B.Sc. Part-III Year (Hons.) course with agriculture first semester examination but no heed was paid and as such, the respondents, without reasonable reason and cause, did not issue result of B.Sc. Part-III Year (Hons.) course with agriculture first semester examination and as such, the petitioner has filed the present petition.
8. Learned counsel for the petitioner submitted that during pendency of the writ petition, this Court passed an order on 16th December, 2022, whereby recording the contentions of learned counsel for the petitioner, this Court directed the respondents to inform this Court result of the petitioner, relating to Examination of Part-III, Semester I & II.
9. Learned counsel submitted that this Court, on 23rd January, 2023, after considering result of the petitioner produced before this Court, found that the petitioner had secured 5.09 OGPA in B.Sc. (Hons.) Agriculture Part-III Semester-I and 5.24 OGPA in B.Sc. (Hons.) Agriculture Part-III Semester-II for the Academic Session 2021-22.
10. Learned counsel submitted that since the respondents were conducting examination of B.Sc. Part-IV Year (Hons.) Course Semester-I and as such, the direction was given to learned counsel to prepare the concise statement showing complete result of the petitioner of Part-I and III of all the semesters.
11. Learned counsel submitted that the petitioner has produced statement showing complete result of the petitioner by preparing a chart.
12. Learned counsel for the petitioner submitted that the petitioner, who had written Part-I Semester-I Examination, was required to appear in total 17 papers, i.e., 10 theory and 7 practical papers, however, the petitioner passed 7 practical papers and 7 theory papers and as such, three theory papers remained as due paper and as such, the petitioner had secured 5.11 SGPA.
13. Learned counsel further referred to a chart, wherein in Part-I Semester-II, all the candidates were promoted to next higher class on account of COVID-19 and OGPA of 5.11 was awarded to the petitioner.
14. Learned counsel, while referring to result of Part-II Semester-I, submitted that there were in
Point of Law : If candidate is not at fault then he is not supposed to suffer on account of mistake, committed by University Authorities, suffice it to say by this Court that the Apex Court in the sa....
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 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.
Judicial review is limited in academic matters unless there is a clear violation of statutory provisions or regulations.
Court ruled that educational institutions must act fairly and acknowledge students' legitimate expectations, particularly after allowing them to participate in examinations despite procedural discrep....
Petitioners cannot claim academic progression without meeting regulatory requirements and clearing necessary subjects. Contempt of court claim dismissed due to compliance by respondents.
The court emphasized that the proposition that the University is precluded from holding back a result of a candidate if allowed to sit and participate in the examination is not of universal applicati....
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