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RAJESH SHANKAR
Bipin Kumar Paul – Appellant
Versus
Vice-Chancellor, Binod Bihari Mahto, Koylanchal University – Respondent
ORDER :
1. The writ petition is taken up today through Video conferencing.
2. The present writ petition has been filed for issuance of direction upon the concerned respondents for allowing the petitioner to fill-up on-line examination form and to appear in 4th Semester Examination of B.Ed. Course (Session 2019-21) as according to the petitioner, he has failed to log in the official website/portal of Binod Bihari Mahto Koylanchal University, Dhanbad, despite his best efforts.
3. Vide order dated 17.02.2022, Mr. Mahavir Prasad Sinha, learned counsel for the respondent-University, was directed to take instruction from the concerned authority of the University on the present issue.
4. Learned counsel for the respondent-University, on instruction, accepts the fact that the petitioner could not fill-up the examination form for the said course due to technical snag in the website/portal of the University. He, however, submits that 31.01.2022 was the last date for filling-up the examination form.
5. Having heard learned counsel for the parties and keeping in view that the petitioner could not fill-up on-line examination form for the said course due to technical snag in the official website/
Exceptional circumstances can warrant deviation from standard procedures to uphold the rights of the petitioner.
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's decision was based on the principle that a student with sufficient attendance and willingness to pay late fees should not be prejudiced by administrative issues in accessing examinations.
The court emphasized the right of the petitioner to continue his education and held that hyper-technical objections should not hinder this right.
The court emphasized the need for equitable treatment in educational admissions, especially in extraordinary circumstances.
Court affirming the right to examination participation pending university instructions.
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