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Himachal Pradesh High Court · body

2015 DIGILAW 524 (HP)

Kamal Dev Verma v. H. P. University

2015-05-14

P.S.RANA

body2015
JUDGMENT : P.S. Rana, J. Order Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that on dated 22.4.2014 examination of BCA 3rd year Database Management System (BCA 303) paper was held. It is pleaded that question paper was not in conformity with the prescribed syllabus and questions having 64 marks were out of prescribed syllabus. It is pleaded that more than 50% of the question paper was out of prescribed syllabus. It is further pleaded that petitioner immediately filed a complaint with regard to the aforesaid act with the request to look into the matter and factum of 50% of question paper being out of syllabus was admitted by Principals of various colleges as per the report. It is pleaded that petitioners among other students represented to respondent No. 3 to award them appropriate grace marks in order to enable them to take admission in MCA course. It is pleaded that matter was also taken up with Vice Chancellor of H.P. University with request to award grace marks as they were not able to attempt more than 50% questions which were out of prescribed syllabus and further pleaded that thereafter decision was taken to give five percent grace marks to students and thereafter H.P. University declared the result after giving five percent grace marks to students. It is pleaded that due to acts of omission and commission on the part of respondents the career of petitioners is at stake and entire year would be wasted. Prayer for acceptance of writ petition sought. 2. Per contra response filed on behalf of non-petitioners Nos. 1, 3 and 4 pleaded therein that on receipt of complaint the concerned Chairman was requested to look into the complaint and submitted his comments/recommendations in the matter. It is pleaded that papers setter was also requested to give his comments. It is pleaded that in the meantime decision was taken not to declare the result and University received the reply from paper setter on dated 4.6.2014 wherein it was stated that no question was set out of syllabus. It is pleaded that Chairman of the department pointed out that few questions were out of syllabus and he opined that five percent grace marks be given to students. It is pleaded that Chairman of the department pointed out that few questions were out of syllabus and he opined that five percent grace marks be given to students. It is pleaded that out of 1485 students 1184 students have cleared the paper of BCA-303 (Data Base Management System) and maximum marks obtained by candidates were 70 out of 80. It is pleaded that opinion given by Chairman to award five percent grace marks was approved by Vice Chancellor of University on dated 24.7.2007 and consequently result was declared. It is pleaded that decision taken by Vice Chancellor of University was in consonance with recommendations submitted by Chairman of the department. It is pleaded that all petitioners have cleared all other papers except BCA-III year (Data Base Management System) held in April 2014. Prayer for dismissal of petition sought. 3. Court heard learned Advocate appearing on behalf of the petitioners and learned Advocate appearing on behalf of non-petitioners Nos. 1, 3 and 4 and learned Additional Advocate General appearing on behalf of the non-petitioner No.2 and Court also perused the entire record carefully. 4. Following points arise for determination in this civil writ petition:- 1. Whether petitioners are legally entitled for full marks in questions Nos. 3 and 4 of Unit II, question Nos. 7 and 8 of Unit IV and questions Nos. vii, viii, ix and x of Sub Paper of Unit V relating to examination of BCA III year (Database Management System) BCA-303? 2. Final Order. Findings on point No.1 5. Submission of learned Advocate appearing for the petitioners that petitioners are students and their career is involved and they should not be suffered for their no fault is accepted for the reasons hereinafter mentioned. On dated 16.4.2015 Court directed the respondents to file an affidavit that how many percentages of questions were out of syllabus in order to dispose of the petition properly and effectively and to impart substantial justice inter se the parties. In compliance of order dated 16.4.2015 respondents filed affidavit placed on record. Respondents did not mention in affidavit how much percentage of questions were out of syllabus despite positive direction of Court and respondents have intentionally concealed the percentage of questions which were out of syllabus in affidavit. There is recital in affidavit filed by learned Registrar H.P. University that Chairman/Subject expert had submitted report that questions Nos. Respondents did not mention in affidavit how much percentage of questions were out of syllabus despite positive direction of Court and respondents have intentionally concealed the percentage of questions which were out of syllabus in affidavit. There is recital in affidavit filed by learned Registrar H.P. University that Chairman/Subject expert had submitted report that questions Nos. 3 and 4 of Unit II, questions Nos. 7 and 8 of Unit IV and questions Nos. vii, viii, ix and x of sub part of Unit V were out of syllabus. It is well settled law that question setter was under legal obligation to set questions in question paper strictly as per syllabus prescribed to students. Court is of the opinion that students cannot be allowed to suffer for fault of question paper setter. 6. Submission of learned Advocate appearing on behalf of respondents that five percent grace marks were given to students and on this ground civil writ petition filed by petitioners be dismissed is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that decision to give five percent grace marks to students is not reasonable in view of the fact that respondents did not mention the percentage of questions which were out of syllabus and in view of admission of learned Registrar H.P. University in affidavit placed on record verified on dated 29th April 2015 that as per report of Chairman/subject expert questions Nos. 3 and 4 of Unit II, question Nos. 7 and 8 of Unit No. IV and questions Nos. vii, viii, ix and x of Sub part of Unit V were out of syllabus. It would be expedient in the ends of justice that full marks of these questions should be awarded to petitioners which were out of syllabus. Point No. 1 is decided accordingly. Point No.2 (Final Order) 7. In view of findings on point No. 1 it is held that corespondents Nos. 1, 3 and 4 will award whole marks to petitioners qua questions Nos. 3 and 4 of Unit II, questions Nos. 7 and 8 of Unit IV and questions Nos. vii, viii, ix and x of sub part of Unit V which were out of syllabus and thereafter co-respondents Nos. 1,3,4 and 5 will declare the result of petitioners forthwith. 1, 3 and 4 will award whole marks to petitioners qua questions Nos. 3 and 4 of Unit II, questions Nos. 7 and 8 of Unit IV and questions Nos. vii, viii, ix and x of sub part of Unit V which were out of syllabus and thereafter co-respondents Nos. 1,3,4 and 5 will declare the result of petitioners forthwith. It is further ordered that if the petitioners would qualify the BCA 3rd year Course BCA-303 (Data Base Management System) then petitioners would be deemed to be admitted in MCA Course commencing as of today with all consequential legal benefits. Order passed in ends of justice keeping in view that petitioners are students and their future is involved. No order as to costs. Petition stands disposed of. All pending miscellaneous application(s) if any also stands disposed of.