RAJASTHAN HIGH COURT
Dinesh Mehta, J.
Prem Prakash - Appellant
Versus
Maharaja Ganga Singh University, Bikaner & Ors. - Respondents
S.B. Civil Writ Petition No. 14691/2021 & S.B. Civil Writ Petition No. 15631/2021
Decided On : 12-11-2021
Examination - Writ Petition - University Ordinance 203 - The court interpreted the provisions of University Ordinance 203 regarding examination schedules and admit cards, emphasizing the university's responsibility to inform students adequately, which influenced the decision to allow the petitioner to take the exams.
Fact of the Case:
The petitioner, having graduated in 2018, applied for additional subjects in B.A. but was not informed about the examination schedule for Part I and II, leading to his absence from the exams.
Finding of the Court:
The court found that the university failed to properly inform the petitioner about the examination schedule and admit card issuance, which constituted a lapse on the university's part.
Issues: Whether the petitioner should be allowed to appear for the B.A. Part I and II examinations despite missing them due to lack of proper notification from the university.
Ratio Decidendi: The court held that the university's failure to adequately inform the petitioner about the examination schedule warranted allowing him to take the exams, as it was a bona fide error.
Result: The court allowed the writ petitions and directed the university to issue admit cards for the upcoming examinations.
JUDGMENT
1. Both these writ petitions involve common facts and law, therefore, they are being disposed of by this common order.
However, for the purpose of convenience and clarity, facts of SBCWP No.14691/2021 (Prem Prakash v. Maharaja Ganga Singh University, Bikaner & Anr.) are being taken into consideration.
2. The petitioner has cleared his graduation from respondent- University in Arts in the year 2018 with optional subjects History, Hindi Literature and Geography.
3. The petitioner claiming to have knowledge of Punjabi language decided to have additional subject in B.A. examination and therefore, submitted application for the same before the respondent-University.
4. It is the contention of the petitioner that pursuant to the application forms submitted by various candidates, the respondent-University issued schedule of examination according to which papers of Punjabi-I and II (subject code 372) for B.A. III year were scheduled on 02.09.2021 from 2.00 pm to 3.30 pm and 3.40 pm to 5.10 pm.
5. According to the petitioner, he downloaded his admit card and appeared in the examination of additional subject of B.A. III year examination on the scheduled date i.e. 02.09.2021 and has been waiting for examination to be held for B.A. Part I and II (additional subject - Punjabi), however neither any intimation was ever sent by the respondent-University nor the schedule for examination was uploaded in the official website of the respondent-University.
6. According to the petitioner, he later came to know that the examinations of the B.A. Part I and II for additional subject (Punjabi) have already been held by the respondent-University on 10.09.2021 and 17.09.2021 respectively.
7. Petitioner has come with an assertion that he could not appear in such examinations as neither he was informed about the examination nor he had been issued admit card for examination of B.A. Part- I and II.
8. Mr. Choudhary, learned counsel for the petitioner invited Court's attention towards the admit card (Annex.3) and pointed out that at the first instance, petitioner's admit card that was uploaded by the respondent-University was only for the examination of B.A. III year examination held on 02.09.2021. It is contended by Mr. Choudhary that thereafter, the respondent- University published schedule of subsequent examinations of B.A. Part- I and II to be held on 10.09.2021 and 17.09.2021 respectively and composite admit cards were issued to some of the students, which the petitioner did not know till recently and in the meantime the examinations were over.
9. The petitioner has fairly placed on record Annex.4 - an admit card subsequently uploaded by the respondent-University in which the schedule of all the examinations of B.A. Part I, II and III year have been given with dates - 02.09.2021; 10.09.2021 and 17.09.2021 respectively.
10. The petitioner has stated in his writ petition that as he was appearing in REET examination, he had kept his mobile phone switched off so as to avoid distraction and disturbance. It is however asserted that though the petitioner has been frequently checking website of the respondent-University but no information about conducting of the examination of additional subject of B.A. Part I and II year was ever flashed.
11. Reply to the writ petition has been filed by the respondent- University in which it is stated that the respondent-University had timely issued the schedule and all the concerned students were intimated on their mobile numbers. Mr. Chitlangi, learned counsel asserted that as a matter of fact almost all students had appeared in the examinations that were held on 10.09.2021 and 17.09.2021, barring these two petitioners.
12. In rejoinder, Mr. Choudhary invited Court's attention towards Para No.7 of the writ petition and contended that the respondent- University is trying to cover up its inadvertence or lapses in not properly uploading the admit card by supplying incorrect/misleading information.
13. It is the case of the petitioner
The university must ensure proper communication regarding examination schedules to avoid prejudice against students.
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 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.
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
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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