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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Bipin Kumar Paul - Petitioner
Versus
The Vice-Chancellor, Binod Bihari Mahto, Koylanchal University and Ors. - Respondents
W.P.(C) No. 640 of 2022
Decided On : 18-02-2022
Technical Snag - Examination Form Filling - Court directs University to permit offline form filling
Fact of the Case:
The petitioner filed a writ petition seeking direction to fill up an online examination form for a B.Ed. course as he was unable to do so due to technical issues on the university's website. The last date for form filling had passed.
Finding of the Court:
The court acknowledged the technical issue and directed the Examination Controller of the university to permit the petitioner to fill up the examination form through offline mode, considering the case as exceptional, to enable the petitioner to appear in the upcoming examination.
Issues: Technical issue in online form filling, last date for form filling, petitioner's right to appear in the examination
Ratio Decidendi: The court considered the technical snag as an exceptional circumstance and directed the university to allow offline form filling to uphold the petitioner's right to appear in the examination.
Final Decision: The court disposed of the writ petition with the direction for offline form filling to enable the petitioner to appear in the upcoming examination.
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/portal of the University, this Court treating the present case as an exceptional one, directs the respondent no. 3 – the Examination Controller, Binod Bihari Mahto Koylanchal University, Dhanbad to permit the petitioner to fill-up the examination form through off-line mode by tomorrow (19.02.2022) so as to enable him to appear in the said examination which is scheduled to commence from 21.02.2022.
6. The writ petition is disposed of with aforesaid direction.
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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