Meritorious doesn't mean student can't fail: High Court

The Punjab & Haryana HC has observed that if a person is meritorious in any subject, it doesn't mean that performance of that person can't fall or he/she can't fail in that area.

The HC made the observation while dismissing a petition filed by a female judicial officer working in Delhi Judicial Service against the decision of a Haryana university that failed her in an examination for LLM course (post-graduation in law).

"The fact that the petitioner was a meritorious student in LLB doesn't mean that her performance can't fall. Admitted, she is currently working as a judicial officer & thus, she mayn't have been able to devote adequate time to her studies. The court can't examine whether the paper was simple or difficult nor can it opine on the conduct of the examiners unless material is placed on record to substantiate the allegations. There is nothing on record to indicate any mala fide. The grievance is based upon apprehensions & thus, can't be accepted," observed Justice Sudhir Mittal of the HC while dismissing her petition.

The petitioner, a native of Haryana, was selected for judicial service while pursuing her LLM degree. However, after joining the judicial service, she joined LLM course through correspondence course conducted by the Maharishi Dayanand University (MDU), Rohtak.

She took the 2^nd year LLM examination in May/June 2018 but failed in two subjects. On re-evaluation, she passed in one subject - Law of Banking & Negotiable Instruments - but couldn't pass in Insurance Law. In May 2019, she re-appeared in the said paper, but failed again. That time re-evaluation also didn't help her.

Aggrieved from this, she approached the HC & her counsel argued that the petitioner is a meritorious student & had secured substantially high marks in the same subjects in her LLB course. It was argued that the paper in the LLM examination was quite simple & thus, the petitioner couldn't fail. Her counsel also argued that there is a racket going on in the varsity & the students are being failed so that the university can earn money by charging for re-evaluation.

The HC, however, dismissed her plea but observed that in case, the petitioner has evidence to show that a racket is in operation in the university, she is at liberty to highlight the same through any other appropriate proceedings.

Source Link