Point of Law: Courts should not interfere in academic matters of educational institutions, unless or until same does not pass test of reasonableness or are violative of principles of natural justice.

JUDGMENT :

VIRENDER SINGH, J.

1. Petitioner, Nehar Singh has invoked the extraordinary jurisdiction of this Court, under Article 226 of the Constitution of India, seeking the following substantive reliefs:

“(i) That appropriate writ, order or direction may very kindly be issued to the respondents directing them to either locate/find out the paper code No. XIII of the petitioner immediately and declare the result after evaluating the same or grant the average marks to the petitioner in paper code No. 13 on the basis of rest of his papers and to declare the result by declaring the petitioner passed immediately without any further delay in the interest of law and justice.

(ii) That appropriate writ, order or direction may very kindly be issued directing the respondents to compensate the petitioner adequately to the tune of Rs. 3 lac on account of losing an opportunity for consideration to the public employment and also for suffering physically, mentally and financially in the interest of law and justice.

(a) That appropriate writ, order or direction may kindly be issued and clause 6.67 of the ordinance may very kindly be quashed and set aside.”

2. The factual position, as pleaded in the writ petition, is that the petitioner was a regular student of respondent No. 3­College and pursuing his B.Ed. Degree course in the session 2020­22. The petitioner has successfully completed his three semesters and appeared in the examination of 4th semester, in the month of August, 2022, under roll No. 200640510510025. After the examination, result of 4th semester of B.Ed. Degree course was declared by the respondent No. 1­University on 22.12.2022, in which, result of the petitioner for the paper Code XIII i.e. Gender School and Society has been shown as RLA. In this regard, the petitioner relied upon the result sheet of paper code ­ XIII (Annexure P­1).

3. After declaration of the result, the petitioner has approached respondent No. 1­University and he has been apprised that answer sheet of paper Code XIII has not been received by respondent No. 1­University. He was apprised by the authorities of respondent No. 1­University that they had asked respondent No. 3 to supply the answer sheet of the petitioner of paper code XIII, vide letter dated 13.10.2022, but, despite the same, respondent No. 3 has not sent his answer sheet to respondent No. 1­University.

4. Thereafter, the petitioner had also approached the authorities of respondent No. 3, regarding his answer sheet for paper in question and verified as to why his answer sheet was not sent despite letter dated 13.10.2022 (Annexure P­2), but no satisfactory answer has been given to him. However, a copy of memo has been supplied to him, wherein it has been mentioned that respondent No. 3 has submitted the copy of answer sheet of paper in question to respondent No. 1­University. The aforesaid memo was received by the petitioner on 20.8.2022 and he has annexed the copy of the same with the writ petition, as Annexure P­3. Thereafter, the petitioner has approached respondent No. 2 by way of representation, but all the efforts made by the petitioner remained futile.

5. It is further case of the petitioner that he has already qualified the Teacher Eligibility Test (TET), which is an essential qualification for teaching profession in Government and private schools, but without result of the paper in question, he is not eligible for getting job, due to the negligence, on the part of respondents No. 2 and 3.

6. Explaining his vows, he has submitted that due to the inaction, on the part of respondents, the petitioner has lost the opportunity of appearing in the commission of Kendriya Vidyalaya and will also lose further opportunities despite being TET qualified.

7. Assailing the ordinance of University, as referred above, as unjust and unfair, as the students cannot be made to suffer, for the wrong committed by the respondent authorities, the petitioner has prayed that the relief(s), as claimed by him, may kindly be gr