IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on:11.10.2021

Pronounced on: 21.10.2021

WP(C) No.1837/2021

CM No.6131/2021

BASEERAT-UL-AIN

...PETITIONER(S)

Through: - Mr. Mohammad Altaf Khan, Advocate.

Vs.

VICE CHANCELLOR, CENTRAL

…RESPONDENT(S)

UNIVERITY & OTHERS.

Through: - Mr. Arshid Ahmad Wani, Advocate.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

Petitioner has filed the instant writ petition seeking a

direction

upon

the

respondents

to

conduct

the

examination of the petitioner for LLM course 3^rd Semester

separately at an earliest possible date and allow her to write

her exams.

2)

It is the case of the petitioner that she passed her LLB

degree in the year 2017 and thereafter she got admitted in

the Department of Law, Central University, Kashmir, for

two-years fulltime Masters (LLM course) in the year 2019.

It is averred that the petitioner completed her 1^st and 2^nd

Semester as a regular candidate in the year 2020. However,

on 06.02.2021, petitioner came to be arrested in connection

MOHAMMAD ALTAF BHAT

2021.10.21 16:49

I attest to the accuracy and

integrity of this document

2 WP(C) No.1837/2021

CM No.6131/2021

with FIR No.RC-01/2021/NIA/JMU dated 02.03.2021 for

offences under Section 18 & 20 of UA(P) Act, 1967. The

petitioner is stated to have remained in custody pursuant

to her arrest.

3)

It is averred in the petition that the petitioner

continued to study and prepare for examination even while

she was in custody. She made an application before the

Superintendent of the concerned jail for facilitating conduct

of her exams of 3^rd Semester LLM course. The

Superintendent of the jail is stated to have written a

communication to Controller of Examination, Central

University, Kashmir, on 29.03.2021, requesting him to allot

the jail special examination center. However, the said

facility was not provided, whereafter the petitioner

approached the Special Court, NIA, Jammu, for grant of

temporary bail which was granted in her favour in terms of

order dated 01.09.2021 passed by the said Court.

4)

It is further averred that the petitioner approached the

authorities of the Central University, Kashmir, upon her

release from the jail but the authorities refused to conduct

her exam on the ground that being a regular candidate, she

did not have the requisite attendance in the University and,

as such, she could be allowed to write her exams.

MOHAMMAD ALTAF BHAT

2021.10.21 16:49

I attest to the accuracy and

integrity of this document

3 WP(C) No.1837/2021

CM No.6131/2021

5)

It is contended by the petitioner that the action of the

residents in not allowing her to writ the exams of LLM 3^rd

Semester would work very harshly against her as she will

not be able to complete her Master’s degree within the

stipulated time.

6)

The writ petition has been contested by the

respondents by filing a reply thereto. The respondents, in

their reply, have admitted most of the factual aspects

contended by the petitioner in her writ petition. It is,

however, contended by the respondents that due to

shortage of attendance and non-appearance of the

petitioner in the Continuous Internal Assessments (CIA),

she could not be allowed to writ exams. This, according to

the respondents, is in accordance with the Ordinance 25 of

the respondent University, a copy whereof has been placed

on record.

7)

I have heard learned counsel for the parties and

perused the record of the case.

8)

Admittedly,

petitioner

due

to

her

arrest

and

subsequent custody in jail could not attend the regular

classes of 3^rd Semester of LLM. Therefore, the question that

arises for consideration is as to whether petitioner can be

permitted under rules to writ exams on account of the

MOHAMMAD ALTAF BHAT

2021.10.21 16:49

I attest to the accuracy