Order on Board

Per Ramesh Sinha , Chief Justice

10 .02.2025

1. Heard Ms. Smriti Ekka, learned counsel for the petitioner. Also heard Mr. Jitendra Nath Nande, learned counsel, appearing for Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date:

2025.02.12 respondent No. 1 and Mr. P.R. Patankar, learned counsel, appearing for +0530 respondent No. 2.

2. The present writ petition styled as ‘Public Interest Litigation’ has been filed by the petitioner with the following prayers:

“10.1 Issue a writ/direction to the respondent No.2/NTA to afford the registered applicants of the UGC-NET December 2024 exam an opportunity to change the test centers earlier opted by them, if so desired (by the applicants), for the new exam date i.e. 27.01.2025, and/or award appropriate compensation to the registered applicants affected by the last minute postponement of UGC-NET, December 2024 exam on

15.01.2025.

10.2 Issue a writ/direction to the respondents to formulate appropriate guidelines regarding conduction of public exams aiming to deal with such instances of cancellation of exams, rescheduling, refund / compensation in case of cancellation/rescheduling of exams, etc. to protect the interest of the applicants /

stakeholders.

10.3 Any other relief(s) that the Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice.”

3. Learned counsel for the petitioner submits that by way of the present petition, the petitioner is challenging the impugned public notice dated 13.01.2025 published by the respondent No. 2, whereby the said respondent has arbitrarily and in an unfair manner, rescheduled the UGC-

NET December 2024 exam for the courses which were originally scheduled to be conducted on 15.01.2025 to later date of 27.01.2025. Further, the respondent No. 2 cited that they have received representations to postpone the UGC-NET December 2024 on account of regional festivals (Pongal, Makar Sankranti and other festivals) on 15.01.2025. She also submits that the impugned notice dated 13.01.2025 containing the information regarding rescheduling of the exam was conveyed to the stakeholders/registered applicants just two days prior to the original date of exam. Such an irrational decision of the respondents has resulted in mental distress and panic amongst the stakeholders, as it is a legitimate expectation of the applicants/stakeholders that such an exam which is conducted on the national level will be conducted as per the schedule published by the body entrusted with conducting the exam in a proper manner.

4. It is further submitted by the learned counsel for the petitioner that the respondent No. 2 have cited unqualified reasons for rescheduling the exam on 15.01.2025 at the very last minute ignoring the fact that many stakeholders/applicants have selected exam Centers and coordinated their travel and stay plans according to the exam schedule released by the respondent No. 2/NTA. This has resulted in panic and distress amongst the stakeholders as not only have they suffered financially for the arrangements (travel, accommodation, etc.) made for the original date of examination, but now they have to make fresh arrangements in such a short period of time, and the same is against the interest of the public/stakeholders at large. She would submit that this incident also raises grave concern regarding the complete lack of accountability of such bodies conducting public examinations as well as the complete lack of guidelines, rules, regulations in conduction of public and competitive examinations at both the national as well as the state level by various authorized testing bodies. She also placed reliance of the judgment passed by the Hon’ble Supreme Court in the matter of Indian Banks’ Association, Bombay & Others vs. M/s Devkala Consultancy Services & Others, reported in (2004) 11 SCC 1, wherein Hon’ble Supreme Court in paragraph 34 held as under:

“34. Furthermore, even where a writ petition has been held to be not entertainable on