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J&K High Court · body

2020 DIGILAW 502 (JK)

Musharaf Taimmor Shah v. University of Kashmir

2020-09-24

TASHI RABSTAN

body2020
ORDER CM(3259/2020) Application, for the reasons detailed therein, is allowed. Petitioner shall do the needful within one week upon removal of the Lockdown. Application disposed of. Main petition is taken on board. WP(C) 1280/2020, CM(3260/2020) 1. It is contended by learned counsel for the petitioners that the petitioners are the students of Computer Sciences Batch 2016 and are pursuing their Master’s Degree in the said subject through IITM (Iqbal Institute of Technology and Management) Hyderpora, Srinagar, which is affiliated to the University of Kashmir for different course including the said course. It is further contended that the petitioners have appeared in one of the subject (Computer Graphics) of 4th Semester in the month of December, 2019 as backlog candidates and only because of this subject the degree of the petitioners is pending. It is also contended that the result of the said subject (Computer Graphics) of 4th Semester was declared on 29th of July, 2020 almost after more than seven months by the University of Kashmir and to the shock and surprise the petitioners they were again shown failed in the said subject resulting incompletion of degree because of the said backlog of only one subject. It is contended that the petitioners after being shown fail in the said subject (Computer Graphics) of 4th Semester approached the Examination Department for submitting the Examination form to appear again the Examination, but, the link of the Examination was closed before the result was declared. The link closing date was 5th of July, 2020 almost before twenty days of the declaration of the result. The petitioners immediately after knowing that the link has been closed for submitting examination form made an application to the Assistant Registrar Professional Examination submitting therein that their result has been declared recently and they have been shown failed in the said subject and could not re-apply for the Examination as the link has been closed before the declaration of the result. The concerned official referred/forwarded the said application to the System Engineer for opening the Examination link and to resolve the grievance of the petitioners and the concerned official assured the petitioners that the link for submitting online Examination (Computer Graphics) of 4th Semester will be opened soon and the petitioners will be informed through print media regarding the same. The concerned official referred/forwarded the said application to the System Engineer for opening the Examination link and to resolve the grievance of the petitioners and the concerned official assured the petitioners that the link for submitting online Examination (Computer Graphics) of 4th Semester will be opened soon and the petitioners will be informed through print media regarding the same. The petitioners were eagerly waiting and continuously checking the newspaper regarding the opening of the link, but, the link was not opened even after more than ten days. It is also contended that the respondents are not allowing petitioners to submit online examination forms and are hell bent to destroy the carrier of the petitioners by not permitting the petitioners to sit in the examination, which will be commencing soon, yet, the date of examination has not been issued by the respondents. Learned counsel for the petitioners submit that the petitioners have again recently approached the respondent No.2 vide application dated 17.09.2020 with the request to open the link of examination and allow the petitioners to submit their examination forms for (Computer Graphics) of 4th Semester, but, all in vain. Thus, the petitioners submit that if the respondents did not allow them to submit their examination forms resulting non- appearance in the examination which will cause huge loss and trauma to the budding professional students as almost one year has already passed because of pandemic and delayed result. Hence, this petition seeking direction to the respondents-University to open the link of examination and allow the petitioners to submit their examination forms for (Computer Graphics) of 4th Semester on the grounds taken in it. 2. At this stage, learned counsel for the petitioners submits that the petitioners would feel satisfied if the respondents-University is directed to consider the application filed by the petitioners for opening the link of Examination and allowing them to submit their Examination Forms of 4th Semester to which course Mr. Khawaja, learned counsel for the University has no objection provided the petitioners are otherwise eligible. Their statements are taken on record. 3. Khawaja, learned counsel for the University has no objection provided the petitioners are otherwise eligible. Their statements are taken on record. 3. In view of the submissions made hereinabove, this petition is disposed of with a direction to the respondents-University to consider and decide the application contended to have been filed by the petitioners for opening the link of the Examination and allowing them to submit their application forms for (Computer Graphics) of 4th Semester, within a period of four weeks, provided the petitioners are otherwise eligible. 4. Disposed of as above along with connected CM(s).