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2020 Supreme(All) 1367
IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Sangeeta Chandra, J.
Sheetal Tripathi and Ors. - Appellants
Vs.
U.O.I and Ors. - Respondent
Misc. Single No. 14905 of 2020
Decided On : 15-10-2020
For the Appellant : Sarvesh Kumar Dubey and Ananttika Singh
For the Respondents: A.S.G., Abhishek Bhatnagar, Savitra Vardhan Singh and Vivek Singla
Point of law : mere residence of a litigant would not allow him to choose a forum conveniens the proper course for a High court is to try and find out and follow the opinions expressed by later Larger Benches of the Court in preference to those expressed by earlier benches of the court.
Headnote:
Indian Institute of Management Act - Section 8 – Claim Of Compensation – Retired From Service - Territorial Jurisdiction - Challenging the arbitrariness – Bank - This writ petition has been filed by six young students who had taken the Entrance Exam/Selection Test held by Indian Institute of Management, Rohtak for admission to an Undergraduate and Post Graduate Course called the Integrated Programme of Management - Prayer as framed in the writ petition is for quashing of results dated 31.8.2020 announced by the respondent no. 2 and for a mandamus to the respondent nos. 2 to 4 to re-conduct the Entrance Exam for the said course in accordance with the guidelines released by the Ministry of Human Resources Development, Government of India and the UGC - whether facts averred by the appellant petitioner would or would not constitute a part of cause of action, one has to consider whether such facts constitute a material, essential or integral part of the cause of action. If it is, it forms a part of cause of action –
Finding of the court :This Court on due consideration of rival submissions finds that the crucial question to decide the issue of territorial jurisdiction, this Court may ask from itself as to whether the filing of application online from Lucknow, the participation of the petitioners in the online Aptitude Test and Written Ability Test and thereafter the Personal Interview could be said to be actions which need to be proved before the petitioners can be granted the relief they pray for. There is no dispute regarding any of the aforesaid actions undertaken by the petitioners. The respondent no. 2 has not denied the online applications being filed by the petitioners and their appearance in the Aptitude Test or the Written Ability Test or even the Personal Interview. These facts are not required to be proved by the petitioners for claiming the relief of quashing the result declared on 31.08.2020 by the respondent. The facts that need to be proved by the petitioners before they can claim any relief are the facts relating to the alleged change in criteria of selection after the issuance of the initial advertisement on the website by the respondent inviting applications and after the holding of the Aptitude Test the Written Ability Test and Personal Interview. The respondents have squarely denied any arbitrary change in criteria. It is their case that the decision was taken by the Executive Council on the basis of recommendations made by the Academic Council to widen the field of selection in order to make it all inclusive and egalitarian so that the greatest number of candidates could be considered for selection so that the best among them could be given admission. Such a decision was taken at –
Result : petition dismissed
ORDER :
Sangeeta Chandra, J.
1. Heard Sri Vivek Raj Singh, learned Senior Advocate assisted by Sri Sarvesh Kumar Dubey for the petitioners, Sri Chetan Mittal for respondents no. 2 to 4 and Sri Savitra Vardhan Singh for respondent no. 1.
2. This writ petition has been filed by six young students who had taken the Entrance Exam/Selection Test held by Indian Institute of Management, Rohtak for admission to an Undergraduate and Post Graduate Course called the Integrated Programme of Management 2020 (hereinafter referred to as 'IPM').
3. Prayer as framed in the writ petition is for quashing of results dated 31.8.2020 announced by the respondent no. 2 and for a mandamus to the respondent nos. 2 to 4 to re-conduct the Entrance Exam for the said course in accordance with the guidelines released by the Ministry of Human Resources Development, Government of India and the UGC.
4. The facts relevant for decision of the petition, as mentioned by the petitioners, are that respondent no. 2 introduced the course called Integrated Programme in Management combining Management studies of Undergraduate and Post Graduate Classes of five years and a student undertaking such a course would be given a BBA and MBA Degree on passing out successfully. The respondent no. 2 announced the criteria for admission in February, 2020 for Academic Session 2020-2025. The Entrance Exam was scheduled to be held on 1.5.2020. The admission was to be done taking into account marks obtained in an Aptitude Test held to gauge Quantitative Ability, Logical Reasoning and Verbal Ability of candidate together with a Written Ability Test, and also taking into consideration the Past Academic Record and the scores secured in Personal Interview. The percentage of marks assigned to each of such parameters as given in the initial advertisement was 50%, 10%, 10% and 30% respectively.
5. Due to the global COVID-19 pandemic and nationwide lock down since 24.3.2020, the petitioners received an email dated 21.4.2020 saying that the Aptitude Test due to be held on 1.5.2020 stood postponed and the registration date for taking the IPM Entrance Exam was extended up to 4.5.2020. Later on, on 9.5.2020, the respondent no. 2 announced that the Aptitude Test was going to be held on 21.5.2020 via internet-based assessment system and before the actual Test, which was going to be held on 21.5.2020, three mock examinations were to be held to familiarize the students with regard to the requirements of the said Test to be held on 21.5.2020. The dates announced for such mock exams were 15.5.2020, 17.5.2020 and 19.5.2020. An hour before the holding of the mock examination on 15.5.2020, the students were notified of its cancellation. On 17.5.2020, the candidates were informed via email that the online Aptitude Test had been indefinitely postponed.
6. On 11.6.2020, a new methodology was devised for conduct of examination. The candidates were now to appear for Centre-based Aptitude Test on 28.6.2020. Two days before the actual conduct of the Centre based Aptitude Test, the candidates were informed that the same stood cancelled. On 11.6.2020, the candidates were informed that now the Aptitude Test was to be conducted through virtual mode on 20.7.2020 with effect from 3:30 PM to 5:00 PM. The original 120 minutes examination was condensed into a 75 minutes examination containing two Sections; Section 1 was of 45 minutes in which 60 Multiple-Choice Questions had to be answered dealing with Quantitative Ability, Logical Reasoning and Verbal Ability. The MCQ part of the examination was now to carry 60% weightage as opposed to 50% proposed earlier. Section 2 pertaining to Written Ability Test was to be held thereafter where a candidate had to write two essays of 250 words each in 30 minutes. Written Ability Test was now to be given 20% weightage as compared to earlier 10% announced for it. The email sent on 11.7.2020 nowhere stated the weightage of marks for Personal Interview and Past Academics, but it was assumed by
