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Himachal Pradesh High Court · body

2020 DIGILAW 685 (HP)

Himani Verma v. Himachal Pradesh University

2020-10-06

JYOTSNA REWAL DUA, TARLOK SINGH CHAUHAN

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JUDGMENT Jyotsna Rewal Dua. J. - Six students pursuing Bachelor of Education (in short B.Ed.) in Himachal College of Education, Nalagarh, District Solan, Himachal Pradesh have preferred instant writ petition primarily seeking quashing of date-sheet issued by the respondent-University for conducting B.Ed. second semester examinations scheduled from 07.10.2020. The petitioners have further prayed for directing the respondent to promote them and all other students of B.Ed. second semester to the third semester without conducting second semester examinations. 2. Petitioners were admitted in B.Ed. for the session 2019- 2021. The B.Ed. is a professional course of two years' duration comprising four semesters. Petitioners appeared in the first semester examinations held in January-February, 2020, the result of which is yet to be announced. The petitioners are now in the second semester. The examinations for the second semester were not held in time by the University. Vide Annexure P-3, a date-sheet for holding B.Ed. second and fourth semester examinations for regular college w.e.f. 07.10.2020 has been announced. Feeling aggrieved against scheduling of second semester examinations, six students have moved this Court praying for following reliefs :- "(i) That a writ in the nature of certiorari may kindly be issued to quash the date-sheet issued on 18.09.2020 by the respondent-University for conducting the B.Ed. second semester examination only ; (ii) That a writ in the nature of mandamus may kindly be issued directing the respondent-University to declare the result of the first semester examination of B.Ed. for the sessions 2019-20 and to promote the petitioners and other students to third semester without conducting the examination of second semester as has been done by the Central University, Himachal Pradesh, Delhi University, Punjab Engineering Colleges etc. and justice be done." 3. In support of the reliefs claim in the writ petition, learned counsel for the petitioners argued that (i) the University Grants Commission (in short UGC) has issued instructions dated 06/08.07.2020 to conduct terminal semester/final year examinations by 30.09.2020. In the instant case, the respondentUniversity did not conduct examination of final year/terminal semesters by 30.09.2020. The respondent-University now cannot hold second and fourth semesters' examinations w.e.f. 07.10.2020 ; (ii) due to COVID-19 Pandemic, various exams in the respondentUniversity were delayed or not conducted. The situation, so arisen, has not improved. Considering the health and safety of the students, the exams of second and fourth semesters of B.Ed. The respondent-University now cannot hold second and fourth semesters' examinations w.e.f. 07.10.2020 ; (ii) due to COVID-19 Pandemic, various exams in the respondentUniversity were delayed or not conducted. The situation, so arisen, has not improved. Considering the health and safety of the students, the exams of second and fourth semesters of B.Ed. should not be held ; (iii) on the analogy of Central University, H.P., Delhi University, Punjab Engineering College, the petitioners and all other students of B.Ed. second semester should be directly promoted to the third semester without holding the second semester examinations ; (iv) holding the semester examinations as per the date sheet would mean utilization of at least one month (October, 2020) for the conduct of examinations. The petitioners, as of now, have not studied for the third semester, therefore, it is desirable they be promoted to the third semester without wasting any further time and third semester classes should be started immediately. 4. On the strength of the reply filed by the University, learned counsel for the respondent submitted that :- (i) for professional courses, guidelines of their respective Regulatory Bodies are being followed by the University. The Regulatory Body for holding the educational courses is National Council for Teachers Education (for short NCTE). No restriction has been imposed by the NCTE for not holding the semester-wise B.Ed. examination ; (ii) B.Ed. being a professional course, the students cannot be promoted from one semester to another without giving the examinations. Students who have appeared in the first semester examinations are allowed to take admissions in second semester. In case of their getting 'reappears' in any course of first semester, they are required to appear in such examinations as and when the exams are scheduled for the first semester; (iii) NCTE has not made any recommendations for promoting the students from one semester to another without holding the examination. Respondent, being a State University, is also following State Government instructions for holding the examinations, mode of examinations etc. State has not taken any decision for promoting the students without taking the examinations ; (iv) in any case, the result of second semester will have no impact on the admission of students to the third semester. Respondent, being a State University, is also following State Government instructions for holding the examinations, mode of examinations etc. State has not taken any decision for promoting the students without taking the examinations ; (iv) in any case, the result of second semester will have no impact on the admission of students to the third semester. The plea of petitioners for promotion to next semester without holding second semester examinations for a professional course is not justified as the students after giving the second semester examinations can take admission in the third semester ; (v) the examinations for first and third semesters are usually held in November/December, whereas for second and fourth semesters, these are generally held in June/July. The examinations of B.Ed. first and third semesters for this session were held in February 2020 on account of late admissions. Due to COVID-19 Pandemic, the evaluation of answer scripts has been delayed. However, the process of declaration of the result is under progress and the result of first semester examinations shall be declared shortly. However, result of first semester has no relevance to the conduct of second semester examinations as the students who have appeared in first semester examinations are admitted to the second semester. ; (vi) The B.Ed. second/fourth semester examinations are scheduled to be held after post graduation examinations. Because of COVID-19 Pandemic situation, the post graduation examinations were also delayed. The date-sheet for holding the B.Ed. examinations has been issued and exams are scheduled to be held alongwith termination of most of post graduation examinations ; (vii) the B.Ed. examinations are scheduled to be held by the respondentUniversity in 57 examination Centres across the State. The exams will be held strictly in accordance with instructions and the Standard Operating Procedure issued by the Ministry of Human Resources Development, Department of Higher Education vide memorandum dated 06.07.2020 for the conduct of the examinations as adopted by the Government of Himachal Pradesh as well as by the respondent-University. 5. Having heard learned counsel for the parties, we may observe that the UGC has not restricted the right of the respondentUniversity to hold semester examinations beyond 30.09.2020. The instructions of UGC dated 06/08.07.2020 relied upon by learned counsel for the petitioner were issued as per the situation and circumstances prevailing at the relevant time. 5. Having heard learned counsel for the parties, we may observe that the UGC has not restricted the right of the respondentUniversity to hold semester examinations beyond 30.09.2020. The instructions of UGC dated 06/08.07.2020 relied upon by learned counsel for the petitioner were issued as per the situation and circumstances prevailing at the relevant time. The restrictions imposed due to lock-down on account of COVID-19 Pandemic have been lifted gradually and now the Nation is in Unlock-5 stage, where almost all the restrictions have been eased out/lifted. There is no dispute that the NCTE i.e. the Regulatory Body for the course in question has not issued any restriction for holding the B.Ed. semester examinations. Hon'ble Apex Court in Vasireddy Govardhana SaiPrakash and others Vs. Union Public Service Commission and others W.P. (C) No. 1012/2020, decided on 30.09.2020 dismissed the plea seeking postponement of UPSC examinations scheduled from 04.10.2020 in the wake of COVID-19 Pandemic. It was observed that "in the recent past, various public examinations have been successfully conducted by different authorities. That is a testimony of the fact that if proper Standard Operating Procedures are observed by all concerned, as defined by the Ministry of Home Affairs, it is possible to conduct such examinations." In the case of Sayantan Biswas and others Vs. National Testing Agency (NTA) and others, W.P. (C) No. 812/2020, decided on 17.08.2020, the Hon'ble Supreme Court while dismissing the writ petition seeking postponement of NEET/JEE exams, observed that "there is no justification in the prayer made for postponement of the examinations in question relating to NEET UG-2020 as well as JEE (Main) April, 2020. In our opinion, though there is pandemic situation, but ultimately life has to go and the career of the students cannot be put on peril for long and full academic year cannot be wasted." Prayer of the petitioner for directly promoting them to third semester cannot be allowed. The respondent-University has clearly submitted that the result of the second semester will have no impact on the admissions of the petitioners (students of B.Ed. second semester) to the third semester. However, they cannot be promoted to the next semester without conducting the examinations of B.Ed. second semester, a professional course. Because of unprecedented scenario, the schedule for holding the examinations as well as the teaching schedule has changed. second semester) to the third semester. However, they cannot be promoted to the next semester without conducting the examinations of B.Ed. second semester, a professional course. Because of unprecedented scenario, the schedule for holding the examinations as well as the teaching schedule has changed. Respondent-University has undertaken to start third semester classes after the semester examinations as and when the same is permitted by the State. Regarding the prayer of the petitioners for declaring result of B.Ed. first semester examinations for the session 2019-20, suffice to note that respondent-University has already undertaken in its reply to declare the result of B.Ed. first semester examinations held in February, 2020 shortly'. However, declaration of result of first semester examinations has no relevance viz-a-viz holding of second semester examinations. We may also take note of the fact highlighted by the respondent-University that by not holding the scheduled examination of the second semester, the students who are appearing in final/fourth semester and have re-appears in second semester examination, will be put to great disadvantage as in that eventuality, they will not be able to clear their reappears before June/July, 2021 and will have to wait for full one year for completion of their degree. Respondent University is conducting B.Ed. examinations w.e.f. 07.10.2020 for 7624 students of second semester and 7254 students of fourth semester across 57 examination Centres. The entire process cannot be halted on account of misconceived notions cultivated by six students. In view of reply filed by the University, we have no reason to doubt that examinations shall not be held in accordance with Standard Operating Procedure issued in this behalf by Competent Authorities from time to time. For the foregoing reasons, we find no merit in this writ petition and the same is accordingly dismissed. Pending applications, if any, also stand disposed of.