IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
RAJESH KUMAR - Appellant
Versus
SAHUJI MAHARAJ KANPUR UNIVERSITY - Respondents
C. M. W. P. 7226 Of 1997
Decided On : 11/03/1998
EDUCATION - UNIVERSITY - ADMISSION - COMPENSATION - STUDENT'S RIGHT TO EDUCATION - UNIVERSITY'S OBLIGATION TO PROVIDE ADMISSION AND CONDUCT EXAMINATIONS - COURT'S POWER TO AWARD COMPENSATION FOR INJUSTICE CAUSED BY UNIVERSITY'S NEGLIGENCE.
Fact of the Case:
The petitioner, a brilliant student, was denied admission to M.Sc. (Final) class and was not allowed to appear in the examination despite completing all formalities and obtaining court orders. The University authorities were negligent in not issuing the admit card and declaring the result, causing mental stress and uncertainty to the petitioner.
Finding of the Court:
The University authorities were deliberately out to agonize, torture and oppress the petitioner with the result uncertainty loomed large and the future prospects of the petitioner appeared to him to be bleak.
Issues: 1. Whether the University authorities were justified in denying admission to the petitioner in M.Sc. (Final) class and not allowing him to appear in the examination? 2. Whether the petitioner is entitled to compensation for the injustice caused by the University's negligence?
Ratio Decidendi: 1. The University authorities have an obligation to provide admission and conduct examinations in a fair and impartial manner. They cannot adopt a casual approach in dealing with the grievances of the students. 2. The petitioner was a bona fide student who had completed all the requisite formalities and was entitled to appear in the examination. The University's negligence in not issuing the admit card and declaring the result caused injustice to the petitioner. 3. The Court has the power to award compensation under Article 226 of the Constitution of India to remedy an injustice caused by the University's negligence.
Final Decision: The petition is allowed. The University is directed to declare the petitioner's result of M.Sc. (Final) examination immediately. The University is also directed to pay a sum of Rs. 25,000 to the petitioner as compensation within two months.
( 1 ) IT is an unfortunate case where a brilliant student of Post Graduate class has been tossing about to ventilate his legitimate grievance. All the entreaties made by him had fallen flat on the deaf ears of the swollen headed authorities of the concerned college and University. A brilliant student who should have devoted his time and energy to prepare for his examination in cool and calm atmosphere was driven unnecessarily to take recourse to legal proceedings as the authorities had adopted a recalcitrant and obdurate attitude to persist in their adamancy in not allowing the petitioner to appear in the examination. These remarks are more on account of anguish rather than anger which may well be conceived in the backdrop of the following facts.
( 2 ) RAJESH Kumar who has been throughout the first class student having secured first division in high School, Intermediate and B. Sc. examinations, appeared in entrance lest for admission in m. Sc. for the academic session 1995-96 conducted by Sahuji Maharaj University (Kanpur university ). The petitioner became eligible for admission as he was declared successful in the entrance test and accordingly he was allotted D. A. V. Degree College, Kanpur where he took admission in M. Sc. (Previous) in Botany discipline on 19th October, 1995. On that date he deposited the requisite fee of the college including the examination fee. He also submitted the examination form. A green card for attending the classes in M. Sc. (Previous) Botany was issued by the College to the petitioner. The petitioner all ended theory and practical classes regularly and at the end of the session, he was issued clearance slip by the College, which was indicative of the fact that no dues were outstanding against him and that he has deposited the examination fee and has submitted the examination form. The University examinations were scheduled to take place from 10. 4. 1996. Admission card was not issued to the petitioner and on enquiry, he was informed by the Principal of the College that his examination form had been sent to the university. The petitioner was in a fix and having left with no alternative, had to rush to the court of Civil Judge (Junior Division), Kanpur by filing Suit No. 714 of 1996 in which by order dated 8,4. 1996. he was allowed to appear in the examination, of course, subject to decision of the suit.
( 3 ) THE agony of the petitioner did noi end here. The result of the M. Sc. (Previous) Botany examination was not declared and the petitioner had again to obtain the order of the Civil Judge (Junior Division) on 15. 10. 1995 in pursuance of which the result was declared which showed that the petitioner passed the examination and had secured 60% marks in the aggregate.
( 4 ) AFTER the declaration of the result, the petitioner approached the Principal D. A. V. College to allow him admission in the M. Sc. (Final) class but for no obvious reasons, he was denied this benefit also. The petitioner again moved an application in Suit No. 774 of 1996 for orders of the court to permit him to pursue his studies in M. Sc. (Final) class but his case did not find favour with the Court on the ground that the purpose for which the suit was filed, has been achieved and the application for admission to M. Sc. (Final) class is beyond the scope of the relief sought and accordingly, the application was rejected on 24. 2. 1997. Helpless, as the petitioner was, he. had to rush to this Court by filing the present writ petition in which an interim order was passed on 28. 2. 1997. It was directed that the Principal D. A. V. College. Kanpur shall forward the examination form of the petitioner lo Kanpur University and he shall be allowed to appear in the ensuing M. Sc, (Final) Botany examination and. if any, practical examination has taken place, in which he could not appear, then the University shall make necessary arrangements so that the petitioner appears in M. Sc. (Final) Botany examination at some other
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