Research › Search › Judgment

Allahabad High Court · body

2021 DIGILAW 1277 (ALL)

Kenisha Singh Jeet v. State Of U P

2021-10-26

MANJU RANI CHAUHAN

body2021
JUDGMENT : 1. Heard Mr. Arvind Kumar Srivastava-III, learned counsel for the petitioner, Mr. Asheem Mukherjee, learned StandingCounsel for the State-respondents, Mr. Rohit Pandey, learned counsel for the respondent-University and Mr. V.P. Rai, learned counsel for the respondent-institution. 2. This writ petition has been filed by the petitioner for a writ of mandamus commanding the respondent nos. 5 and 6 to rectify their mistake by verifying the examination form of the petitioner, upload the admit card of the petitioner on website and permit him to appear in the final (revised)Examination Schedule (P.G.) M.A. (Final Year) Main Exam-2021, as per the updated schedule dated 7th July, 2021. He further prays for a direction upon the respondent nos. 5 and 6 to conduct fresh examination of the petitioner in respect of final (revised) Examination Schedule (P.G.) M.A. (Final Year) Main Exam-2021, as per the updated schedule dated 7th July, 2021. 3. Counter and rejoinder affidavits have been exchanged between the parties and they agree that this petition may be finally decided without calling for any further affidavit. 4. In the present petition, it is the case of the petitioner that the petitioner is a student of 2nd year of M.A. English of respondent-institution, namely, Hindu College, Moradabad, U.P. which is affiliated to respondent-University, namely,Mahatama Jyotiba Phule Rohilkhand University, Bareilly. The petitioner got enrolled in the M.A. course in the respondent-college in the year 2019 and was duly promoted in the main examination, which was held in the year 2020 of M.A. First Year. Thereafter, the petitioner submitted the admission form for the academic session 2020-2021, wherein the petitioner was allotted form no. 2100206287 and she also submitted the examination fee of Rs. 1,000/-as well as the other charges online on 8th March, 2021. 5. It is further case of the petitioner that it is the procedure adopted by the respondent-University that the entire fees and the relevant forms are to be deposited online through the portal of the respondent-University, thereafter the papers of the candidates concerned are to be forwarded by the respondent-college to the University along with the hard copies of admission forms and respective details. After the deposit of the fees, the payment status of the online fees of the petitioner was shown to be successful, hence, the petitioner drew an impression that the obligation on the part of the petitioner, which was to be exercised, had been diligently discharged and the onus now has been shifted on the college concerned i.e. respondent no.6 to forward the relevant form as well as other details to the respondent-University. After the examination schedules were notified for the academic session 2020-2021 on 8th July, 2021, the petitioner visited the portal of the respondent-University to find out her admit card but she was surprised to see that the verification status of the petitioner was shown as Unverified i.e. "May not be received at college (submit a copy of the examination form in your college). Since the first paper of the M.A.(2)-English-I-Nineteenth Century English Poetry (11017) was scheduled for 24th July, 2021, the petitioner tried to download her admit card on 20th July, 2021 but on the portal of the respondent-University,the status of the petitioner was shown as unverified due to which the admit card of the petitioner could not be downloaded on 20th July, 2021. Immediately, thereafter the petitioner approached the college concerned on the very same day i.e. 20th July, 2021 and the petitioner narrated the entire facts, as stated above, to the administration of the respondent-college and gave the details upon which the administration of the respondent-college assured her that they will get it rectified. Since the administration of the respondent-College fairly accepted their fault and admitted that they had not uploaded the petitioner's form properly into the verified system of the respondent-University. 6. It is further case of the petitioner that since the respondent-college had the obligation to upload the form of the student concerned in the verified system of the respondent-University and once the petitioner had uploaded the admission form and deposited the requisite fees online on 8th March, 2021, then it was the responsibility of the respondent-college to forward the same to the respondent-University. However, the administration of the respondent-college failed to do its promise and did not get the mistake rectified by uploadingthe petitioner's form on the portal of the respondent-University and hence the petitioner could not be issued the admit card for the examination dated 24th July, 2021 and now, the second paper scheduled to be held on 27th July, 2021. 7. However, the administration of the respondent-college failed to do its promise and did not get the mistake rectified by uploadingthe petitioner's form on the portal of the respondent-University and hence the petitioner could not be issued the admit card for the examination dated 24th July, 2021 and now, the second paper scheduled to be held on 27th July, 2021. 7. It is also the case of the petitioner that in case the petitioner is not provisionally allowed to appear in the examination of M.A. final year, the entire hard work of the petitioner will go in vain and she will be made to suffer for no fault of her own. Now one paper has already been held on 24th July, 2021 in which the petitioner was not permitted to appear in absence of issuance of admit card on the fault of the respondent-college. Petitioner prays that if the petitioner is permitted to appear in her examinations, which are going to be held on 27th July, 2021, in that case, the petitioner will have an option to appear in back paper examination for the subject examination, which was held on 24th July, 2021. 8. The present writ petition has been presented before the Court on 26th July, 2021 and the petitioner has not been granted any interim order and she has not been permitted to appear in the examinations provisionally, which were scheduled to be held on 26th July, 2021 onwards. At present, the examinations are over. 9. Today, learned counsel for the petitioner submits that the petitioner has duly discharged her obligation and submitted the online form and thereafter, submitted the hard copy of the same before respondent-college and from the subsequent checking of the status of her form from the website of the respondent-University, it was revealed that the fee paid by the petitioner was successfully received by the respondent-University and at that point of time, no intimation or warning whatsoever was communicated to the petitioner either by the University or the respondent-college. 10. 10. Learned counsel for the petitioner further submits that since the petitioner had duly submitted the online admission form within time i.e. on 8th March, 2021 and thereafter, on the very same day, the hard copy was submitted before respondent-college, it was obligatory on the part of the respondent-college to forward it to the University concerned and now the fact of the matter is that without any fault on the part of her own, the petitioner has been denied the opportunity to appear in the final year examination, which were scheduled from 20th July, 2021 to 4th August, 2021, meaning thereby that it is a loss of whole academic year to the petitioner. 11. On the cumulative strength of the aforesaid, learned counsel for the petitioner, therefore, submits that since there is no fault on the part of the petitioner, seeing the precious time and bright career of the petitioner, this Court may direct respondent-University to conduct special or fresh examination for the petitioner, so that the petitioner may save her precious time for the academic session 20202021, otherwise the petitioner would be forced to appear in the examination, which will be held for the academic session 2021-2022 and in that circumstances the petitioner shall suffer huge mental agony and academic loss without any fault on her part. 12. In reply, Mr. Rohit Pandey, learned counsel for the respondent-University submits that as per the procedure, the candidate has to submit his online examination form and deposit the examination fee for appearing in the examination. After submitting online application form, the candidate is required to download its hard copy and submit the same to the college and the college, inturn is required to forward the examination form of the candidate along with other details to the University. In the present case, the petitioner has submitted her online application form but her document was not forwarded by her respondent-college. Upon making enquiry from the respondent-college, it was informed by the Principal of the respondent-college that the petitioner has not submitted her online examination form to the respondent-college within the prescribed time i.e. before 3rd July, 2021, therefore, her examination form along with other details was not forwarded to the respondent-University. He submits that in that regard, a communication dated 26th July, 2021 was also sent by the Principal of the respondent-college to the respondent-University. He submits that in that regard, a communication dated 26th July, 2021 was also sent by the Principal of the respondent-college to the respondent-University. Learned counsel for the respondent-University, therefore, submits that since the petitioner was required to submit her online application form to the respondent-college, which she did not make within time, due to which the respondent-college did not forward the same to the respondent-University, she cannot be allowed to appear in the examination at such belated stage, inasmuch as the examination is already over. He also submits that for only one student, there is no provision or procedure known to law as applicable to the respondent-University to conduct special or fresh examination, therefore, this Court under Article 226 of the Constitution of India, cannot direct the respondent-University to conduct fresh or special examination of the petitioner only, which is impossible. 13. Learned counsel for the respondent-College submits that the submissions made by the learned counsel for the petitioner cannot be accepted, as they do not bear the truth. He further submits that it is the procedure that the college duly informs the students about the steps of admission and examination form every year. The student has to fill up the examination form on the portal of the University and collect the printout or hard copy of the same to be submitted to the college and the college thereafter forwards the same to the University for further proceedings. The college issues notices/directions regarding the admission and examination forms and displays the same on the notice board from time to time to let the students be informed about the necessary proceedings or steps to follow. In the academic session 2020-2021 also, the college followed the same procedure. The notice regarding the examination form was served to the students on 25th February, 2021 asking them to fill upthe examination forms on the portal of the University and submit the hard copy of the same to the college. Moreover, a reminder was also issued to the students to submit the hard copy of their examination forms in time. Meanwhile, the students were also informed by the faculty members to fill up their examination form in time to avoid any inconvenience. As a result thereof, 109 students submitted the hard copy of the examination forms to the college by last date. The details of which have duly been recorded in the register concerned. Meanwhile, the students were also informed by the faculty members to fill up their examination form in time to avoid any inconvenience. As a result thereof, 109 students submitted the hard copy of the examination forms to the college by last date. The details of which have duly been recorded in the register concerned. But very surprisingly, the petitioner failed to submit the hard copy of the examination form so that it could be forwarded to the University. Therefore, the plea of the petitioner that she drew an impression that the obligation on her part, which was to be exercised, had been diligently discharged and now the onus shifted to the college i.e. respondent-college to forward the relevant form and other details to the respondent-University, has no force, hence the same is liable to be rejected. On the cumulative strength of the aforesaid, learned counsel for the respondent-college submits that the present writ petition does not warrant any interference as she is not entitled to any relief and the same is liable to be dismissed. 14. I have considered the submissions made by the learned counsel for the parties and have examined the records of the present writ petition. 15. Two issues arise for consideration before this Court: 1. Whether the petitioner has submitted the hard copy of the examination form along with other details before the respondent-college within the time specified or not?; and 2. Can this Court, in exercise of powers under Article 226 of the Constitution of India, direct the respondent-Universityto conduct fresh or special examination of M.A. Final year of the petitioner only?. 16. Qua the first issue, when this Court required the learned counsel for the petitioner to show any record on the basis of which it can be established that the petitioner, after uploading the examination form along with other details from the portal of the University, has submitted the same before the respondent-college within the time specified, in reply learned counsel for the petitioner has failed to produce or show the same. No such documentary proof has been produced before this Court on behalf of the petitioner from which it is established that the petitioner has submitted the hard copy of the admission form along with other details to the respondent-college within time. 17. No such documentary proof has been produced before this Court on behalf of the petitioner from which it is established that the petitioner has submitted the hard copy of the admission form along with other details to the respondent-college within time. 17. Qua the second issue, no provision known to law, has been placed before this Court on the basis of which this Court, in exercise of power under Article 226 of the Constitution of India, can direct the respondent-University to conduct fresh or special examination of M.A. Final Year of the petitioner only, when as matter of fact that the same is already over In view of the aforesaid, this Court is not inclined to interfere in the present writ petition. 18. However, considering the peculiar facts and circumstances of the case specifically the bright future of a student like the petitioner, this petition is disposed of by providing that in case the petitioner submits her examination form along with examination fee and other details as required, on the portal of the respondent-University for M.A. final year (Session 2021-2022) within the time specified on the said portal and after downloading the hard copies of the same, she submits the same before administration of the respondent-college, the respondent-college shall forward the same to the respondent-University, in case there is no legal impediment. On receipt of the same, the University,after completing necessary formalities shall issue online admit card of the petitioner on its portal, so that the petitioner may download the same and appear in M.A. final year examination for the academic session 2021-2022.