HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 14691/2021 Prem Prakash S/o Shri Om Prakash, Aged About 23 Years, Resident Of Ward No. 16, Loonkaransar, Tehsil Loonkaransar District Bikaner.
----Petitioner Versus
1. Maharaja Ganga Singh University, Bikaner, Through Its Registrar.
2. Controller Of Examination, Maharaja Ganga Singh University, Bikaner
----Respondents Connect with (2) S.B. Civil Writ Petition No. 15631/2021 Rajender Kumar S/o Shri Daya Ram, Aged About 31 Years, Resident Of Village Dulmana, Tehsil Pilibanga, District Hanumangarh.
----Petitioner Versus
1. Maharaja Ganga Singh University, Bikaner, Through Its Registrar.
2. The Examination Controller, Maharaja Ganga Singh University, Bikaner.
----Respondents
For Petitioner(s) : Mr. R.S. Choudhary
Mr. S.S. Choudhary
For Respondent(s) : Mr. D.D. Chitlangi
JUSTICE DINESH MEHTA
Judgment
12/11/2021
1. Both these writ petitions involve common facts and law, therefore, they are being disposed of by this common order. (Downloaded on 12/11/2021 at 09:01:46 PM)
(2 of 8) [CW-14691/2021] However, for the purpose of convenience and clarity, facts of SBCWP No.14691/2021 (Prem Prakash Vs. Maharaja Ganga Singh University, Bikaner & Anr.) are being taken into consideration.
2. The petitioner has cleared his graduation from respondent- University in Arts in the year 2018 with optional subjects History, Hindi Literature and Geography.
3. The petitioner claiming to have knowledge of Punjabi language decided to have additional subject in B.A. examination and therefore, submitted application for the same before the respondent-University.
4. It is the contention of the petitioner that pursuant to the application forms submitted by various candidates, the respondent-University issued schedule of examination according to which papers of Punjabi-I and II (subject code 372) for B.A. III year were scheduled on 02.09.2021 from 2.00 pm to 3.30 pm and 3.40 pm to 5.10 pm.
5. According to the petitioner, he downloaded his admit card and appeared in the examination of additional subject of B.A. III year examination on the scheduled date i.e. 02.09.2021 and has been waiting for examination to be held for B.A. Part I and II (additional subject - Punjabi), however neither any intimation was ever sent by the respondent-University nor the schedule for examination was uploaded in the official website of the respondent-University.
6. According to the petitioner, he later came to know that the examinations of the B.A. Part I and II for additional subject (Punjabi) have already been held by the respondent-University on 10.09.2021 and 17.09.2021 respectively. (Downloaded on 12/11/2021 at 09:01:46 PM)
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7. Petitioner has come with an assertion that he could not appear in such examinations as neither he was informed about the examination nor he had been issued admit card for examination of B.A. Part- I and II.
8. Mr. Choudhary, learned counsel for the petitioner invited Court's attention towards the admit card (Annex.3) and pointed out that at the first instance, petitioner's admit card that was uploaded by the respondent-University was only for the examination of B.A. III year examination held on 02.09.2021. It is contended by Mr. Choudhary that thereafter, the respondent- University published schedule of subsequent examinations of B.A. Part- I and II to be held on 10.09.2021 and 17.09.2021 respectively and composite admit cards were issued to some of the students, which the petitioner did not know till recently and in the meantime the examinations were over.
9. The petitioner has fairly placed on record Annex.4 - an admit card subsequently uploaded by the respondent-University in which the schedule of all the examinations of B.A. Part I, II and III year have been given with dates - 02.09.2021; 10.09.2021 and 17.09.2021 respectively.
10. The petitioner has stated in his writ petition that as he was appearing in REET examination, he had kept his mobile phone switched off so as to avoid distraction and disturbance. It is however asserted that though the petitioner has been frequently checking website of the respondent-University but no information about conducting of the examination of additional subject of B.A. Part I and II year was ever flashed.
11. Reply to the writ petition has been filed by the respondent- University in which it is stated that the respondent-University had (Downloaded on 12/11/2021 at 09:01:46 PM) (4 of 8) [CW-14691/2021] timely issued the schedule and all the concerned students were intimated on their mobile numbers. Mr. Chitlangi, learned counsel asserted that as a matter of fact almost all students had appeared in the examinations that were held on 10.09.2021 and 17.09.2021, barring these two petitioners.
12. In rejoinder, Mr. Choudhary invited Court's attention towards Para No.7 of the writ petition and contended that the respondent- University is trying to cover up its inadvertence or lapses in not properly uploading the admit card by supplying incorrect/misleading information.
13. It is the case of the petitioner that due to inadvertence or otherwise, the respondent-University had uploaded incorrect admit card for the petitioner whereas in the case of other candidates such as Om Prakash (Annex.6), the respondent-University had uploaded the correct admit card, indicating therein schedule of all the three examinations.
14. Mr. Chitlangi, learned counsel for the respondents placed for perusal of this Court a print-out of SMS sent by the respondent- University, which shows that on 26.08.2021, the respondent- University had sent a categorical message to all the students to download their admit cards for the ensuing examinations. It was pointed out that an SMS has been sent to the petitioner on his registered mobile number.
15. It is also pointed out by learned counsel that the schedule for examination of B.A. Part III to be held on 02.09.2021 was published in the official website of the respondent-University on 27.07.2021; whereafter the schedule of B.A. Part I and II additional subject (Punjabi) to be held on 10.09.2021 and 13.09.2021 respectively was published on 13.08.2021. He pointed (Downloaded on 12/11/2021 at 09:01:46 PM) (5 of 8) [CW-14691/2021] out that the examinations scheduled on 13.09.2021 were however postponed to 17.09.2021.
16. In sum and substance, stand of the University has been that not only the schedule of examination was uploaded in time but also the admit cards to all the candidates including the petitioner were uploaded in time.
17. Mr. Choudhary, learned counsel for the petitioner submitted that the respondent-University is holding examinations of due papers of Punjabi subject for B.A. Part-I and II year on 16.11.2021 and 24.11.2021 respectively, and if the petitioner is given one opportunity to appear in such examinations, it would save one year of the petitioner whereas no prejudice would be caused to the respondent-University.
18. In response to such contention, Mr. Chitlangi, learned counsel for the respondent-University invited Court's attention towards University Ordinance 203 and submitted that all the three papers are required to be cleared in one go, hence, the petitioner cannot be permitted to clear these three papers intermittently.
19. Heard learned counsel for the parties.
20. Upon perusal of the material available on record and considering the submissions made by rival counsel, this Court finds that the respondent-University had initially uploaded the schedule for Subject Code 372 viz. Part I and II for B.A. III year examination to he held on 02.09.2021, which is evident from the document produced by Mr. Chitlangi which shows that the schedule for the examination to he held on 02.09.2021 was uploaded by the respondent-University on 27.07.2021. It was only on 13.08.2021, the University had uploaded the schedule for (Downloaded on 12/11/2021 at 09:01:46 PM) (6 of 8) [CW-14691/2021] examination of B.A. Part-I and II to be held on 10.09.2021 and 13.09.2021 respectively.
21. It may be petitioner's fault that having downloaded the admit card of B.A. III year examination which has been held on 02.09.2021, he rested his oars and did not care to surf through the website of the respondent-University or to enquire from other students as to when the examinations of B.A. Part-I and II are being held.
22. Be that as it may. In view of the fact pointed out by Mr. Choudhary that the petitioner has appeared in REET examination, held on 26.09.2021, claiming himself to have appeared in additional subject of Punjabi in B.A. and if the petitioner is not given chance to appear in the examination, his future will be adversely affected, this Court is persuaded to grant indulgence to the petitioners inasmuch as the respondent-University was also at fault in uploading admit card (Annex.3) only for the examinations held on 02.09.2021.
23. Adverting to the contention of Mr. Chitlangi that according to the University Ordinance 203, the petitioners cannot be permitted to clear all the three papers intermittently, this Court records that the respondents have reproduced incomplete rather incorrect provision as Ordinance 203 in para No.3 of its reply. Relevant provision is Ordinance No.203(8) and the same is being reproduced hereunder:-
"(8) (i) Any candidate who has passed B.A. (Pass) / B.A. (Hons.) / B.Sc. (Pass) / B.Sc. (Hons.) / B.Sc. (Ag.) / B.Com. (Pass) / B.Com. (Hons.) / B.F.A. / B.Sc. Home Science Examination of the University under 10+2+3 pattern shall be allowed to present himself for examination be allowed to (Downloaded on 12/11/2021 at 09:01:46 PM) (7 of 8) [CW-14691/2021] present himself for examination in any subsequent year in anyone of the optional subjects prescribed for the B.A. Examination (10+2+3 pattern) and not already taken by him at the degree examination and he is not registered for any other examination of the University in the same year and, if successful will be given a certificate to that effect. Such a candidate shall be required to appear in all the papers of the subject in one and the same year.
(ii) A candidate who desires to enter for the examination under this Ordinance must submit his application on a prescribed form. The application shall be accompanied with an examination fee and the marks fee and shall be forwarded by the Principal of the college concerned.
(iii) In the case of a candidate whose application is rejected or who does not submit an application but only sends the fees, the amount paid by the candidate on account of fee shall be refunded after deducting Rs.3/-."
24. A simple reading of the above quoted provision suggests that a student has to clear all the papers in one year and thus, he cannot appear in such examination in the subsequent or next year. Since the examination of due papers are going to be held on 16.11.2021 and 24.11.2021 respectively, well within two months of the earlier examination, this Court deems it appropriate to consider petitioners' request for permitting them to appear in examination of B.A. Part I and II in additional subject Punjabi, which are going to be held by the respondent-University on 16.11.2021 and 24.11.2021 respectively.
25. True it is that the petitioners ought to have been more vigilant and careful but this Court is inclined to exercise its power under Article 226 of the Constitution of India considering that (Downloaded on 12/11/2021 at 09:01:46 PM) (8 of 8) [CW-14691/2021] error or omission on the part of the petitioners appears to be bonafide and they were not going to get any advantage by not appearing in the examinations, if they really knew that the respondent-University is holding examination on 10.09.2021 and 17.09.2021.
26. As an upshot of discussion foregoing, both the writ petitions are allowed.
27. The respondent-University is directed to permit and issue admit cards to the petitioners for appearing in examination of B.A. Part I and II (additional subject Punjabi) scheduled to be held on 16.11.2021 and 24.11.2021 respectively. The admit cards shall be issued to the petitioners on or before 5.00 p.m. of 15.11.2021 positively.
28. Needless to observe that order instant granting indulgence has been passed considering the peculiar facts and circumstance of the case and this order shall not be treated to be a precedent.
29. Stay applications in both the writ petitions also stand disposed of accordingly.
(DINESH MEHTA),J m-135 and s-161 ArunV/-
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