SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2024 Supreme(Online)(P&H) 9238

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SIMRAN SHARMA – Appellant
Versus
UNION OF INDIA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision :27.02.2025 Simran Sharma ...Petitioner Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Raj Kumar Makkad, Advocate with Mr. Shiv Charan Bhola, Advocate for the petitioner.

Mr. Vipul Aggarwal, Senior Panel Counsel for respondent No.1-UOI.

Mr. Beant Seemar, Advocate for respondents No.2 to 4.

* * *

Harsimran Singh Sethi, J. (Oral)

1. In the present petition, the grievance being raised by the petitioner is that even though she was selected to represent India in Para Sports World Cup in the discipline of Shooting and she was undergoing a training for the said tournament which training started from 19.02.2024 till 05.03.2024 whereas tournament was to take place starting from 6th to 15th March, 2024, she was not allowed the rescheduling of all the examinations which were held from 19.02.2024 till 15.03.2024.

2. Learned counsel for the petitioner submits that as per instructions which have been issued by the Central Board of Secondary Examination dated 30.10.2023 (Annexure P/2) stipulated that in case, any sports personnel/student is representing India during the period when that personnel’s/student's examinations are to be conducted, the said examinations are required to be rescheduled for that particular candidate's benefit and in the present case, as the petitioner was also undergoing the training which started from 19.02.2004 to 05.03.2024 for participating in Para Sports World Cup and thereafter participated in the said tournament from 6th to 15th March, 2024, the examination which the petitioner also had to undergo, which were held during the said period of training should have been rescheduled for the petitioner.

3. Learned counsel for the petitioner further submits that the examinations which were to be held during the continuation of the tournament, which started from 6th March to 15th March have been rescheduled but the examinations which were held during the period when the petitioner was undergoing the necessary training so as to participate in the tournament has not been rescheduled so that the petitioner can like other students avail the benefit of rescheduling of examinations and denial of the same is causing prejudice to the petitioner. Learned counsel for the petitioner further submits that the examination which were held between 19.02.2004 till 05.03.2024 and could not be undertaken by the petitioner due to the fact that she was undergoing the training for the tournament, the petitioner has appeared for the said examinations on a subsequent date and has already cleared all the required 06 examinations but mark sheet for the same is not being given to the petitioner by the respondents and that too without any valid justification.

4. Upon notice of motion, the respondents have appeared. Learned counsel for respondents No.2 to 4 submits that as per the Policy dated

30.10.2023 (Annexure P/2) only the examinations which are scheduled during the tournament to be rescheduled and no benefit of rescheduling of the examination which are conducted during the training period is stipulated in the said policy so as to allow the candidate to appear for the same hence, the benefit of appearing for three rescheduled examination, which examinations were held during continuation of the tournament was given to the petitioner but as the petitioner could not appear in any of the examinations, which were held during the time her training was undergoing and the tournament was taking place i.e. 19.02.2024 to 05.03.2024 and as for the rescheduled examination, the petitioner could clear 03 of those examination but as the petitioner was required to clear at least 04 examination out of the total 06 examination, in order to be treated as a compartment candidate, the petitioner was required to undertake all the examinations afresh. Learned counsel for the respondents No. 2 to 4 further submits that though the petitioner ev

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top