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2015 DIGILAW 149 (HP)

Saurabh Sharma v. Himachal Pradesh University

2015-03-09

RAJIV SHARMA, TARLOK SINGH CHAUHAN

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JUDGMENT : Tarlok Singh Chauhan, J. The petitioner by way of present writ petition has prayed for the following substantive reliefs: (i) That the petitioner be held eligible for appearing in the Examination of B.Sc. 1st year as compartment case under Golden Chance allowed as per advertisement annexure P-3 while issuing writ in the nature of mandamus. (ii) That the respondent University may be directed to declare the result of the petitioner of B.Sc. 1st year Chemistry paper appeared as compartment case under Roll Number 21212528 in September-October, 2014. (iii) That the respondent University may be directed to allow the petitioner to appear in the Practical Examination of B.Sc. 3rd year to be held in last week of February, 2015. 2. In nutshell, the case of the petitioner is that he failed to pass B.Sc. (Medical) 1st year examinations held in July, 2011, March, 2012, March, 2013 and thereafter in September, 2013. He came across a notification dated 9.9.2014 published by the respondent-University in the Hindi daily ‘Amar Ujala’ in its edition dated 10.9.2014, wherein it was mentioned that the University had allowed a golden chance to old students of 2011-12 batch of undergraduate classes for appearing in the examination of compartment/failed papers. He accordingly applied by filling in the examination form and after paying the fee of Rs. 3,000/-, admit card was issued. He undertook this examination held in September/October, 2014. 3. Though, the result of the aforesaid examination was declared on 14.1.2015. However, result of the petitioner was not declared. He preferred a representation before the Controller of Examination, but to no avail constraining him to file the present petition. Vide order dated 20.2.2015, this Court directed the University to produce the result of the petitioner in a sealed cover, which was produced and opened by this Court on 28.2.2015 and it was found that the petitioner had qualified the examination by securing 85 marks out of 120 marks. 4. Since the petitioner had passed the examination, therefore, the University was called upon to file its reply. 4. Since the petitioner had passed the examination, therefore, the University was called upon to file its reply. The only defence taken in the reply is that there was an error in the notification dated 9.9.2014 inasmuch as instead of 2012-13 batch, a reference had been made to the batch of 2011-12 and once this fact came to notice, then the University promptly issued a corrigendum to this effect, which was published in Amar Ujala’ in its daily edition on 13.9.2014. Since the petitioner belonged to 2011-12 batch he was therefore not entitled to this golden chance. 5. We have heard learned counsel for the parties and have gone through the records of the case carefully. 6. Admittedly, there has been no misrepresentation or fraud at the instance of the petitioner when he applied and thereafter appeared for the examination. The fault if at all is that of the University which not only accepted the admission form alongwith the prescribed fee but thereafter permitted the petitioner to sit in the examination without any demur. It is more than settled that for the fault of the University the students cannot be made to suffer. 7. Now, that the petitioner has cleared his B.Sc 1st year, we see no reason as to why the petitioner should not be permitted to appear in the examination of B.Sc. 3rd year. After all, the petitioner at this stage cannot be left in lurch, particularly when this is the last and final chance for him to appear in this examination in view of the change of education system brought about under Rashtriya Uchchatar Shiksha Abhiyan (RUSA). 8. We are informed that the practical examination of B.Sc. 3rd year have already been held in the last week of February, 2015, but then the petitioner has been prevented for the reasons beyond his control from appearing in this examination because admittedly his result of B.Sc. 1st year came to be declared only on 28.2.2015. 9. Since the petitioner has already availed golden chance and his result has also been declared on 28.2.2015, therefore, the reliefs No. (i) and (ii) have been rendered infructuous. Insofar as relief No. (iii) is concerned, the respondent is directed to conduct a special practical examination for the petitioner and further permit him to sit in the written examination of B.Sc. 3rd year. Insofar as relief No. (iii) is concerned, the respondent is directed to conduct a special practical examination for the petitioner and further permit him to sit in the written examination of B.Sc. 3rd year. It is made clear that these directions are being passed taking into consideration the exceptional hardship being faced by the petitioner and we make it clear that this case shall not be cited as a precedent in future. The petition stands disposed of in the aforesaid terms, so also the pending application. The parties are left to bear their own costs.