JUDGMENT Sureshwar Thakur, J. - The hereinafter extracted reliefs are sought, in, the extant petition:- " (a) A Writ, Order or Direction in the nature of certiorari for setting aside the notification dated 16.06.2020 (P-6) 19.06.2020 & 03.07.2020 issued by the respondent University for conducting the examinations from last week of July 2020 onwards, as the same is violative of the "Guidelines of Phased Reopening (Unlock 1)" contained in the Order dated 30.05.2020 (P-4) & also "Guidelines for Phased Reopening (Unlock-2)" contained in the Order dated 29.06.2020 (P-5) issued by the Ministry of Home Affairs, Government of India, inasmuch as the respondent university has neither consulted the respondent State nor the Stakeholders/parents of the Students and the decision was required to be taken in July, 2020, in compliance of the above guidelines and now since by the latest notification the educations Institutions are required to remain as closed till 30.07.2020, thus the notification dated 16.06.2020 is vague and arbitrary inasmuch as the same does not mention the mode of conducting the Examinations which is imperative in order to allow the students to prepare for the examinations. (b) a Writ, order direction in the nature of mandamus directing the respondent State as well as the respondent university to take a well timely, well informed and uniform decision after consultation of various take holder as well as the parent of the students as envisaged under the order dated 30.05.2020 (P-4) & 29.06.2020 (P-5) with respect to the schedule as well as mode of conducting the examinations of the students. (c) a Writ, Order or Direction in the nature of mandamus directing the respondent State as well as the respondent university to take the decision of the examination of under graduate and post graduate courses as suggested by the UGC and the manner which has been adopted by various other states (Annexure P-10). (d) any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, may kindly be issued in favour of the petitioners." 2.
(d) any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, may kindly be issued in favour of the petitioners." 2. A perusal of the hereinabove extracted, claimed reliefs in the extant petition, make(s) trite underlinings (i) that the agitation, as, pronounced therein is vis-a-vis the apposite UGC guidelines, conflicting with the guidelines, for, phased reopening (Unlock 1), as, contained in the order of 30.05.2020 (Annexure P-4), and, also theirs being out of harmony, with, the guidelines, for, Phased Re-opening (Unlock-2), as contained in the order of 29.06.2020 (Annexure P-5). Furthermore, a claim is also espoused in the extant writ petition, vis-a-vis, the respondent being directed to hold the relevant examinations in the manner, as suggested by the UGC besides in the manner, as, adopted by various other States, (i) whereupons, the prior thereto relief gets subsumed therewithin(s), as, they therethrough(s) rather display their willingness to participate in the relevant examinations. Moreover, the afore is also suggestive, unless, there exists evident disharmony inter se the mode adopted hereat, vis-a-vis, the modes adopted elsewhere, evidence whereof is starkly amiss, qua therethrough(s) also the petitioners evince their interest, to, participate in the relevant process. 3. The afore trite underlinings visibly, do not cover, the stage whereat the relevant phase, has hereat arrived, inasmuch, as the period beyond 31st July, 2020. In addition, the writ petitioners omitted to place on record, much less, cast any challenge, vis-a-vis, their existing a stark conflict inter se the relevant schedule, as, drawn by the respondents concerned, and, vis-a-vis, the guidelines issued by the Ministry of Home Affairs, Government of India, subsequent to 31st July, 2020. Contrarily, the apposite hereat unlock guidelines, do, rather vest the apposite permission, upon, the respondents. 4.
Contrarily, the apposite hereat unlock guidelines, do, rather vest the apposite permission, upon, the respondents. 4. The afore obviously, do not empower, the writ petitioners, to, in the least, and, conspicuously (a) given the afore developments occurring subsequent to the relevant impugning(s) being made, hence contend, that, the respondents are defacilitated to conduct the examinations, as, thereupon(s) they would contribute to the spread of Covid-19, (b) nor hence when they omit to evince any material personificatory qua even the spreading(s) of COVID-19, becoming not precluded, even through, the standard operative procedure, as appended on record, hence becoming complied with, (c) rather when the standard operative procedures, do hold harmony, with the guidelines issued subsequent to 31st July, 2020 hence by the Ministry of Home Affairs, Government of India. In sequitur, the purported impugning(s) made hereat against the holding, of, examinations hence are extremely frail, nor they would constrain this Court to render any injunction, against, the State, vis-a-vis, its not proceeding with the relevant schedule. 5. Emphasisingly, it appears from a reading of the afore extracted reliefs/prayers, as, canvassed in the writ petition, (i) qua the writ petitioners rather being interested to complete the relevant courses through theirs respectively taking examination(s), (ii) necessarily, hence, the writ petitioners cannot claim any mandamus being directed against the respondents, for, hence theirs becoming restrained from or qua theirs withholding from abiding with the relevant schedule, as, becomes issued for conducting the examination(s), of, under graduate, and, post graduate course(s). 6. Be that as it may, contrarily, Mr. Ashok Sharma, the learned Advocate General, Mr. Rajiv Jiwan, the learned Senior Counsel, and, Mr. Neel Kamal Sharma, all conjointly make a concerted effort before this Court, for its proceeding to direct the respondent concerned, to conduct the relevant examinations, in consonance, with, the relevant schedule. All the afore counsels hence depended, upon, an affidavit sworn by Mr. Ved Prakash, Deputy Secretary (Education), to, the Government of Himachal Pradesh, the relevant paragraph No.4 whereof, stands extracted hereinafter:- "4. That the Ministry of Human Resource Development, Department of Higher Education in its memorandum dated 6.7.2020 issued following instruction for conduct of examinations:- i. Final Term Examination should be compulsorily conducted as per UGC Guidelines of Examinations and Academic Calendar for the Universities dated 29.04.2020 which has been again resolved today i.e. 6.7.2020. ii. All examinations may be conducted by 30th September, 2020. iii.
ii. All examinations may be conducted by 30th September, 2020. iii. Taking into consideration the academic interest of large number of students, MHA has agreed to the request of MHRD and granted exemption for the opening of educational institutions for the purpose of holding examination/evaluation work for Final Term Examinations of the Universities/Institutions. iv. MHRD has formulated detailed SOP for conduct of examination with precautions to be taken in view of Covid-19 situation. This has been vetted by the Ministry of Health and Family Welfare. v. Previous instructions regarding "Work From Home", set vide letter dated 30.06.2020 will not apply to the officers, faculty and non-Teaching Staff who are involved in Examination/Evaluation/Admission work." A perusal of the afore paragraph, makes vivid disclosure(s), vis-a-vis, the Ministry of Home Affairs, Government of India, agreeing to the request of the Ministry of Human Resource Development, and, hence granting exemption, for, the opening of education institutions, for, the purpose of holding examination/evaluation, rather for Final Term Examinations, of, the universities/institutions. Moreover, recitals are borne therein, vis-a-vis, the Ministry of Human Resource Development also formulating detailed standard operative procedure, hence, for conducting all the apposite examinations, especially in view of the prevailing COVID-19. The afore pronouncement(s) as, become borne, in the sworn affidavit placed, on record, by Mr. Ved Prakash, Deputy Secretary (Education), to, the Government of Himachal Pradesh, garners corroboration or support, from, the unchallenged standard operative procedure, which hence become placed on record, by Mr. Neel Kamal Sharma, Advocate, appearing on behalf of respondent No.2. The learned Advocate General appearing on behalf of respondent No.1 has depended, upon, the afore sworn affidavit, encapsulating therealongwith, the standard operative procedure, and, as, becomes borne in Annexure R-2/4, (a) and, assures qua it being strictly complied with, by the respondents concerned, in theirs ensuring, that, the students concerned, hence, taking the relevant examination, as per the schedule, which has been brought into circulation, rather, not becoming struck with the COVID-19 VIRUS. (b) In sequitur, unless there occur(s) gross or stark departures therefrom, conjointly at the instance of the respondents concerned, or at the instance of the apposite deployed staff or at the instance of the Incharge(s) of the examination centers concerned, thereupon, this Court does not deem it fit, to, irrevere, the, afore standard operative procedure, as, thereupon, the academic fate(s) of the students would become jeoparadised. 7.
7. Lastly, the learned counsel appearing for the writ petitioner, has contended that this Court, may not proceed, to direct the respondents concerned, to proceed to hold, the relevant examination, as per the relevant schedule, as a lis holding commonality with the extant lis, is, pending adjudication before the Hon'ble Apex Court. However, the afore submission would impress this Court, only when the learned counsel concerned, had placed on record, a, copy of the afore writ petition, (a) imperatively hence disclosing therein that the State of H.P., has become arrayed as a party therein. However, the photo copy of the afore writ petition, purportedly pending adjudication, before the Hon'ble Apex Court, and, containing a lis similar, to, the extant petition, is omitted to be placed, on record, (b) yet believing the statement made at the Bar, by the learned Advocate General, that, the State of Himachal Pradesh, is, not arrayed, as, a party therein, (c) thereupon, and, also believing his further statement, made at the bar, that, the Hon'ble Apex Court, has not, as of today, restrained the respondents concerned, from, conducting the relevant examination, as, per the relevant schedule, (d) whereupon(s) with the relevant schedule, as, fixed by the University, rather commencing from yesterday i.e. 17.08.2020, (e) hence, it cumulatively appears that the pendency of the afore lis, before the Hon'ble Apex Court, may not work in favour of the petitioners, to contend, that, this Court, may proceed, to, restrain the respondents concerned, from, conducting the relevant examination, in, consonance with the schedule brought into circulation, (f) necessarily, hence omission of the impleadment of the State of Himachal Pradesh in the relevant lis, does prima facie constrain this Court to proceed to take a decision, hence, directing the respondents concerned, to in their objective discretion(s) hence complete, the, examination, in consonance with the schedule, as, brought into circulation. More so, when all the reliefs claimed by the writ petitioner in the extant writ petition, do, with elapse of time rather become rendered redundant. Significantly also when hereat contrary to the contra stances of, the States concerned, and, of the UGC, hence before the Hon'ble Apex Court rather all the respondents hereat, are, in completest inter se synchrony rather for the relevant purpose(s).
Significantly also when hereat contrary to the contra stances of, the States concerned, and, of the UGC, hence before the Hon'ble Apex Court rather all the respondents hereat, are, in completest inter se synchrony rather for the relevant purpose(s). Moreover, when the respondents concerned, all assure this Court, that, all the unimpugned standard operative procedures, as issued by the Ministry of Human Resources Development, shall be completely complied with, hence at all, the relevant examination centers, (i) and, when this Court, has also made/make(s) a firm direction, that, any digression(s) therefrom, by the Heads/Incharge of the examination centers concerned, would constrain this Court, to initiate against them, appropriate action in accordance with law, (ii) thereupon, this Court is constrained to direct, the respondents concerned, to, in their objective discretion(s) hence go ahead with the relevant schedule, of, taking of examinations by the students concerned, vis-a-vis, under graduate or post graduate courses, emphasingly, with the petitioner(s) also intending, to, for all the aforesaid reasons, hence, take the relevant examination, for, the relevant purpose(s). The Director General of Police, Himachal Pradesh, is directed to depute police officials at all the relevant examination centers, and, ensure that strict compliance(s), vis-a-vis, the standard operative procedure, as, issued by the Ministry of Human Resources Development, hence stand(s) meted by all concerned, and, in case the police officials concerned, detect any non compliance(s) therewith, rather at any examination center, by the students or by the staff concerned, thereupon, he/she/they shall proceed against them in accordance with law. Lastly, it is clarified that the afore directions may not fetter any exercising(s), of, valid discretion, by the Executive, and, as may become founded, upon, respiking, of, COVID-19. Furthermore, it is directed that upon, the Hon'ble Apex Court granting relief, to, the students concerned, thereupon, the respondents may also consider granting of similar relief(s), vis-a-vis, the students concerned, in, Himachal Pradesh. 8. Consequently, with the afore directions/observations, the extant petition stands disposed of. All pending applications also stand disposed of. Dasti copy.