Students should not be penalized for administrative delays, and universities must provide fair opportunities for examination.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“i) By issuing appropriate writ, order, or direction, direct the respondent university to conduct the B.Sc. 3^rd years examination of the petitioner as re-appear instead of late college capacity and declare the results without further delay.

ii) That the respondent university, be directed to give two chances of re-appear to the petitioner as prescribed by the First Ordinance of University’s Clause 9.9:

iii) That the respondent University, be directed to allow the petitioner in 3^rd year re-appear examination without losing another academic year.”

2. When the case was listed on 27.03.2025, the following order was passed by the Court:-

“The grievance of the petitioner is that the respondent-University is not permitting her to take the examination in the subject of Mathematics, in which she had scored compartment when she actually appeared in the examination in 2022-23 session.

Her case is that she was admitted in B.Sc Course in the Academic Session 2020-21. She appeared in the 1^st year examination in the year 2021 and thereafter in 2^nd year examination in the year 2022.

In the said examination, she was declared as a failed student. As she was not satisfied with the result she applied for re-evaluation of her answer-sheet. Simultaneously, she was also admitted in the 3^rd year of the Graduation Course. The result of re-evaluation was declared on 17.01.2023, in which she was declared pass in all the subjects of 2^nd year examination.

Though in the interregnum she had appeared in the final year examination also, but University withheld her result on the ground that the petitioner had not filled up the examination form. After the result of the re- evaluation was declared, the petitioner approached this Court by way of a writ petition, seeking a direction to the respondent-University to declare her result of the 3^rd year. Pursuant to the order passed by this Court, the same was done by the University. In the result so declared of the 3^rd year, the petitioner was shown to have compartment in one subject.

The contention of the petitioner is that as a regular student gets two attempts to clear the compartment exam, she is being discriminated as she is not being given two attempts by the University to pass the exam in the subject to Mathematics, in which she had got compartment.

Learned counsel for the respondent-University submits that after the declaration of the final year result of the petitioner, one chance was given to the petitioner in the month of October, 2024, to re-appear in the subject of Mathematics, but she did not appear. He submits that as this was the last opportunity granted to the petitioner, therefore, now nothing can be done and she will have to appear in all the examination of 3^rd year as a late college student.

Having heard learned counsel for the parties, this Court is of the considered view that stand which is being taken by the University is nothing but harsh. Here, whatever happened in the interregnum i.e. between the years 2022 and 2023 which led to the non- declaration of the result of the petitioner, was on account of the late declaration of the re-evaluation result of 2^nd year exam of the petitioner by the respondent-University.

Accordingly, this Court is of the considered view that the respondent-University cannot take advantage of its own wrongs. Delay, if any, in the declaration of the final year result is totally attributable to the University and had that not been so then this Court in the earlier petition would not have directed the University to declare the result.

In this circumstances, this Court is of the considered view that the petitioner has a right to be given atleast two chances to appear in the exam in the subject in which she had got compartment. Out of the said two attempts, because one she did not avail in the month of October, 2024, therefore, minimum that is required on the part