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2022 DIGILAW 958 (CAL)

Neelabja Gupta v. Union Of India

2022-07-05

LAPITA BANERJI, SUBRATA TALUKDAR

body2022
JUDGMENT Lapita Banerji, J. - This appeal arises out of a Judgment and Order dated June 14, 2022 passed by Hon'ble single Bench whereby the writ petition being no. WPA 10455 of 2022 was dismissed as unmeritorious. 2. In the writ petition, the petitioner challenged memo dated May 12, 2022 vide memo no. 370(31)-Edn(CS)/10M-14/2022; issued by the Special Commissioner to the Vice-Chancellor of all the Universities authorizing them to 'take suitable decision regarding mode of conduct of University examinations, on the basis of extant Rules and Regulations of the concerned University.' The petitioners' grievance is that the University of Calcutta acted arbitrarily, illegally and in a discriminatory manner by deciding to hold the examination only on 'offline mode'. 3. The Hon'ble Single Bench refused to entertain the claim of the petitioners on the ground that since all the examinations were to be held on offline mode, there was no question of discrimination at all. 4. The Hon'ble Single Judge further held that the State as well as the University Grant Commission (U.G.C.) have left the mode of conducting examinations to the discretion of the Universities. The University of Calcutta through its office bearers decided to conduct the examination through 'offline mode' and such a decision in the academic field was not liable to be interfered with in the exercise of writ jurisdiction. He further held, that the students have no vested Right with regard to the mode of conducting the examinations, relying on a decision passed by the High Court of Jammu and Kashmir at Srinagar passed in WP©1903/2020 (Sayed Ainain Quadri V. UGC &ors). 5. Mr. Sandip Mondal, Ld. Counsel appearing for the appellants, argued that nor only was the syllabus incomplete but the examinations were declared without completing 180 days of classes. The University of Calcutta, announced that the examinations to be held on 'off-line' mode on and from June 14, 2022, upon a very short notice to the students. The students did not get sufficient opportunity to prepare themselves for offline examinations. 6. Students were not mentally prepared to sit for examinations on 'offline mode'. 7. The University of Calcutta, announced that the examinations to be held on 'off-line' mode on and from June 14, 2022, upon a very short notice to the students. The students did not get sufficient opportunity to prepare themselves for offline examinations. 6. Students were not mentally prepared to sit for examinations on 'offline mode'. 7. To support his contention he relied on Clause 6.3 of UGC (Minimum standards of instruction for the Grant of the First Degree through Formal Education) Regulations, 2003, (hereinafter referred to as the 2003 regulations.') Clause 6.3 of the 2003 Regulation reads as thus:- 'The nature of final examination, whether written or oral or both, in respect of each course shall also be made known to the students at the beginning of the academic session.' 8. Therefore, intimation should have been given to the students at the beginning of the academic session as to the mode of conduct of examination. 9. Students studying at all other Universities were getting an opportunity to sit for examinations on online mode and were likely to score better marks than the students studying at Calcutta University, putting them to disadvantage, for no fault of their own. 10. Mr. Mondal further submits that due to the ongoing pandemic, the health issues of the students will be better addressed if the students sit for examination on online mode. 11. Mr. Jishnu Chowdhury, Learned Counsel appearing for the University / Respondents no. 7 to 9 rebuts the contention of the appellants on the ground that no illegality has been committed by the University of Calcutta. 12. Pursuant to the memo dated May 12, 2022 the Vice-Chancellor of the said University was given the authority to take a suitable decision regarding the mode of conduct of the University examinations, considering the present situation and on the basis of the extant Rules and Regulations of the concerned University. The respondent no 7/The Vice-Chancellor decided that the offline mode of examination was the suitable mode and necessary advice was given by him, accordingly. 13. He further submits, that the decision making power with regard to the mode of conduct of the examination was solely granted to the University by the State and the U.G.C. The students do not have any legitimate say on the issue. 13. He further submits, that the decision making power with regard to the mode of conduct of the examination was solely granted to the University by the State and the U.G.C. The students do not have any legitimate say on the issue. Almost 4.75 lakhs students are appearing on the offline mode since the situation is gradually normalizing after the unprecedented disruption caused by the Covid-19 pandemic. The measures which were called for under the Disaster Management Act 2005 have all been withdrawn. The disaster management regime has come to an end and status quo ante is restored. 14. Mr. Chowdhury argues that many Universities like the Rabindrabharati and Jadavpur University are holding examinations through 'offline mode'. Therefore, the contention that only the University of Calcutta is being singled out for holding 'offline examination' is not a correct statement of fact. 15. Mr. Swapan Kumar Dutta, Learned Senior Advocate appearing for the State respondents also submits that having regard to the present situation the Special Commissioner, Government of West Bengal, Department of Higher Education issued memo dated May 12, 2022 giving the decision making power to the Vice-Chancellor of all the Universities in West Bengal and no illegality can be complained of in respect of any decision taken pursuant to the same. 16. Having considered the rival submissions of the parties and the materials on record, this Court is of the considered view that:- i) The writ petitioners have failed to make out the case as regards which of their Fundamental Rights as guaranteed under the Constitution of India have been violated so as to warrant a challenge under Article 226 of the Constitution of India. ii) Whether or not the syllabus was completed or 180 days of classes were held are questions of facts which the University is the most competent to handle and secondly, will not create any discrimination as all the students stand similarly circumstanced. iii) Regulation 6.3 of the 2003 Regulations does not refer to the issue of the mode of examination (online/offline) but, only refers to the nature and process in which the same is to be held i.e. (written/oral/both). 17. In the light of the discussion above, this Court is constrained to hold that no vested right of the students have been taken away by the mode of examination being decided by the University concerned. 17. In the light of the discussion above, this Court is constrained to hold that no vested right of the students have been taken away by the mode of examination being decided by the University concerned. It is completely upon the University concerned to hold the examination vide a suitable mode. The University of Calcutta has neither acted illegally nor arbitrarily nor in a discriminatory manner in holding the examination in 'offline mode'. 18. In the circumstances, the judgment and Order passed by the Hon'ble Single Bench does not merit any interference. 19. The appeal being MAT 880 of 2022 along with CAN No. 1 of 2022 stands dismissed, however without any costs. 20. Before parting with this discussion, the attention of this Court is drawn to a final Order Dated June 27, 2022 passed by a Hon'ble concurrent Division Bench in (1) Ritwika Mandal and Ors. vs. The State of West Bengal and Ors. with Bihit Sarkar Vs. The State of West Bengal and Ors. Badrul Karim Vs. The State of West Bengal and Ors. This Court is of the view that the additional direction issued by the concurrent Hon'ble Division Bench in WPA (P) 275 of 2022 with WPA (P) 273 of 2022 with WPA (P) 257 of 2022 permitting examines to approach this Controller of Examinations with their grievances, if any, shall also apply to the present appellants. 21. Parties shall be entitled to act on the basis of a server copy of the Judgment and Order downloaded from the official website of the Court. 22. Urgent Xerox certified photocopies of this Judgment, if applied for, be given to the parties upon compliance of the requisite formalities. 23. I agree.