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Jharkhand High Court · body

2022 DIGILAW 516 (JHR)

Priti Srivastava v. Jharkhand Academic Council, Ranchi through its Chairman

2022-04-28

RAJESH SHANKAR

body2022
JUDGMENT : The present writ petition has been filed for issuance of direction upon the respondents to show cause as to why and under what circumstance, the petitioner’s daughter, namely, Jaya Shivangi has not been issued admit card so as to enable her to appear in Intermediate Examination (Science) for the Session 2020-22 from Sohan Lal Arya Inter College, Kalyanpur, Bokaro (respondent no. 4), despite the fact that she has completed the course and has also paid all the required fees. The petitioner has further prayed for issuance of direction upon the respondents to immediately issue the provisional admit card and allow the petitioner’s daughter to appear in the said examination to be conducted by the respondent-Jharkhand Academic Council. 2. The writ petition was initially taken up by this Court on 23.03.2022 and on the said date, learned counsel for the respondent-JAC prayed for an adjournment to come up with specific instruction so that the petitioner’s daughter and other similarly situated students would be permitted to appear in the special examination as well as to ensure that they would be able to appear in the forthcoming competitive examinations also. Thereafter, the writ petition was taken up on the next day i.e., on 24.03.2022 and on the said date, learned counsel for the respondent-JAC submitted that the JAC was taking all possible steps to conduct special examination of those candidates whose application forms were not forwarded by the respective colleges in time. Learned counsel assured the Court that career of all the eligible candidates including the petitioner’s daughter will not be adversely affected and a special examination would be conducted as soon as possible. Learned counsel, however, prayed for two weeks’ time to file counter affidavit with respect to the steps being taken by the respondent-JAC in this regard. On the said date, a notice was also issued to the respondent no. 4. Thereafter, counter affidavits were filed on behalf of the respondent nos. 1 to 3 (JAC) as well as the respondent no. 4. A supplementary counter affidavit in response to the counter affidavit filed by the respondent no. 4 has also been filed on behalf of the respondent-JAC. 3. The specific stand of the petitioner taken in the writ petition is that though the examination application form along with requisite fees was already submitted by the petitioner’s daughter in the office of the respondent no. 4 has also been filed on behalf of the respondent-JAC. 3. The specific stand of the petitioner taken in the writ petition is that though the examination application form along with requisite fees was already submitted by the petitioner’s daughter in the office of the respondent no. 4, yet the admit card for appearing in the Intermediate Examination (Science) was not issued to her by the respondent-JAC. 4. The respondent nos. 1 to 3 (JAC) in their counter affidavit dated 13.04.2022 have submitted that total 1602 students submitted their examination forms to the JAC to appear in the Annual Intermediate Examination, 2022 from Sohan Lal Arya Inter College, Kalyanpur, Bokaro. According to Advertisement No. 40 of 2021, the date of submission of examination application form for the said examination was fixed from 28.10.2021 to 20.11.2021. However, the said date was further extended from 01.02.2022 to 08.02.2022 vide Advertisement No. 02/2022 at the request of various collages and students. Despite such extension of date, the respondent no. 4 did not submit the examination application forms of 83 students (65 in Science and 18 in Commerce) due to which the admit cards were not issued to them by the JAC. Out of the said 83 students, the checklist (annexed as Annexure-4 to the writ petition) with respect to the petitioner’s daughter mentions the challan status as “not paid”, which clearly suggests that the respondent no. 4 did not deposit her examination fee before the JAC due to which her admit card could not be issued. The respondent-JAC in the said counter affidavit while referring to Clause 43 of the “Regulations for Examinations” approved by the Jharkhand Academic Council under Section 27(b) and (c) of the Jharkhand Academic Council Act, 2002 has stated that compartmental examination is organized by the respondent-JAC for those students who fail in the Annual Examination in not more than three subjects. In the last year i.e., in the year 2021, the Annual Examination could not be conducted due to Covid-19 pandemic and the result was published on the basis of marks obtained in Class 11 examination held in the year 2020. However, in the light of order passed by the Hon’ble Supreme Court in W.P.(C) No. 620 of 2021 (Anubha Srivastava Sahai & Ors. Vs. However, in the light of order passed by the Hon’ble Supreme Court in W.P.(C) No. 620 of 2021 (Anubha Srivastava Sahai & Ors. Vs. Union of India & Ors.), a special examination was conducted in the year 2021 for those students who were not satisfied with the annual result of 2021 or were declared failed or were deprived of submitting the examination application form for annual examination. It has also been stated that special examination cannot be conducted for the said students as there is no such provision for conducting supplementary examination in the aforesaid Regulations for Examinations of the JAC. However, on the orders or instruction of the State Government or any other higher body, the issue with regard to conducting special examination can be considered by the JAC and if such decision is taken, the said special examination will be conducted along with the compartmental examination to be held after publication of the result of Annual Examination, 2022. 5. The respondent no. 4 in its counter affidavit has stated that all possible precautions were taken to ensure proper submission of each and every candidate’s examination application form along with fee and hence, in the web portal of JAC, after entering the details of all 541 students of Intermediate Science stream, the computer operator of respondent no. 4 had selected the option “Select all” and submitted the applications forms through online mode on 10.11.2021. Thereafter, 8 challans were generated for a sum of Rs. 11,20,470/- on 11.11.2021 and 13.11.2021. Accordingly, the said amount of fee was paid to the JAC. Despite all precautions taken by the college, admits cards of only 476 students were issued on 28.02.2022 for appearing in the Intermediate Examination (Science). As many as 65 students of Science stream and 18 students of Commerce stream were not issued admit cards by the respondent-JAC on 28.02.2022. On enquiry from the JAC, the college was informed that the examination fees of those students were not paid. It has also been stated in the counter affidavit that though the examination application forms of all 541 students of Science stream were submitted on the online portal of respondent-JAC, however, since no individual challan was generated, the college could not verify as to whether the examination fees of all the students were accepted. It has also been stated in the counter affidavit that though the examination application forms of all 541 students of Science stream were submitted on the online portal of respondent-JAC, however, since no individual challan was generated, the college could not verify as to whether the examination fees of all the students were accepted. Moreover, the students of SC/ST category and Female candidates were offered concession in the fees and, therefore, the college was under bonafide impression that it had paid the examination fees of all 541 students of Science stream. Similar situation had occurred with respect of 18 students of Commerce stream and as soon as the college administration came to know that the admit cards of total 83 students (65 in Science and 18 in Commerce) were not issued to them, it represented the respondent-JAC on 03.03.2022 along with the list of the students. 6. In sum and substance, the stand taken by the respondent no. 4 in the counter affidavit is that despite all precaution taken by it, the admit cards of 83 students could not be issued by the respondent-JAC due to non-payment of examination fee. 7. Having heard learned counsel for the parties and on considering the aforesaid stand taken by the respondent-JAC as well as the respondent no. 4 in their respective counter affidavits, it transpires that there is a serious lapse and negligence on the part of the respondent no. 4. The e-challans were generated in the portal of the respondent-JAC on 11.11.2021 and 13.11.2021 itself which was accordingly paid by the respondent no. 4 to the JAC. The said challans were, however, not covering the examination fee of all the students, rather examination fees of 83 students (65 in Science and 18 in Commerce) were not paid. The statement of the respondent no. 4 that since no individual challan was generated in e-portal of JAC and concessional fee was required to be paid by the students of SC/ST category as well as Female students, it was under bonafide belief that entire fee with respect to all the students who intended to appear in the Annual Intermediate Examination, 2022, was paid, is evasive and irresponsible. The said excuse of the respondent no. 4 does not absolve it from irresponsible action in putting the academic career of those 83 students including the petitioner’s daughter in jeopardy. In fact, the respondent no. The said excuse of the respondent no. 4 does not absolve it from irresponsible action in putting the academic career of those 83 students including the petitioner’s daughter in jeopardy. In fact, the respondent no. 4 had sufficient time i.e., from 11.11.2021 till 28.02.2022 i.e., the date of issuance of admit cards to cross verify and rectify the said mistake. 8. This Court, however, is concerned with the academic career of the said 83 students including the petitioner’s daughter so that same should not be adversely affected due to the said negligence on the part of the respondent no. 4. 9. Mr. Anil Kumar, learned Senior Counsel for the respondent-JAC, on instruction, submits that Annual Intermediate Examination, 2022 has already been conducted, the result of which is likely to be published by the end of June, 2022 and immediately thereafter, the petitioner’s daughter and other similarly situated students will be allowed to appear in the special examination along with compartmental examination (if this Court so directs), which is likely to be held in the month of August, 2022. 10. On this, Mrs. Ritu Kumar, learned counsel for the petitioner, submits that if the said examination is held in the month of August, 2022, it will be too late for the petitioner’s daughter and other similarly situated students to appear in various competitive examinations such as NEET, AIEEE etc. as they are required to submit the copies of admit cards as appearing candidates of Intermediate exam while filling the forms of said examinations. She also submits that the last date of filling of forms for NEET is 06.05.2022. 11. The present case is a glaring example of serious lapse of the college due to which career of several students have been put to jeopardy. Hence, considering the extraordinary facts and circumstance of the present case as well as keeping in view the interest of the academic careers of the petitioner’s daughter and other similarly situated students so as to enable the said students also to appear in the forthcoming competitive examinations, this Court passes the order in following terms: (i) The respondent no. 4 shall deposit the examination fees of all 83 students before the JAC by tomorrow (29.04.2022). 4 shall deposit the examination fees of all 83 students before the JAC by tomorrow (29.04.2022). (ii) On depositing the said fees, the respondent-JAC shall issue admit cards of all the 83 students including the petitioner’s daughter by 5th May, 2022 for special examination which shall be held in 3rd Week of July, 2022. (iii) The admit cards shall clearly indicate the date of examination and if any change is subsequently required in the same under extraordinary circumstance, it shall be published in at least two daily newspapers of major cities such as, Ranchi, Jamshedpur, Dhanbad, Deoghar, Palamu (Medininagar). (iv) The respondent-JAC shall promptly publish the result of the special examination so that the students are able to participate in counselling process for taking admission in professional courses. 12. Since it has already been observed that this situation has arisen due to serious lapse and negligence on the part of the respondent no. 4, this Court deem it fit and proper to impose a cost upon the said respondent, which is quantified as Rs. 50,000/- to be deposited within two weeks before the Secretary, Department of Women, Child Development and Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund, Savings Bank Account No. 3734498462-5, State Bank of India, Project Bhawan, Hatia, Ranchi. 13. The writ petition is accordingly disposed of with aforesaid observation and direction.