Calcutta High Court (Appellete Side)
Souvik Ghosh & Ors vs University Of Burdwan & Ors on 10 August, 2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present :- Hon'ble Justice Amrita Sinha
WPA No. 7110 of 2021
Souvik Ghosh & Ors.
Vs.
University of Burdwan & Ors.
For the writ petitioners :- Mr. Prasenjit Mukherjee, Adv.
For UGC :- Mr. Anil Kumar Gupta, Adv.
For Burdwan University :- Mr. N. C. Bihani, Adv.
Mrs. Papiya Banerjee Bihani, Adv.
Soumyajit Ghosh, Adv.
Kshitij Singh, Adv.
Soumya Mukherjee, Adv.
Heard on :- 03.08.2021
Judgment on :- 10.08.2021
Amrita Sinha, J.:-
Thirty-four students of the University of Burdwan have approached this Court
praying for a direction upon the respondent authority to permit them to participate
in the backlog papers of Semesters I to V and in the Part- I and Part- II
examinations (old syllabus).
The petitioners took admission in the University of Burdwan for pursuing
their graduation course in the year 2016 / 2017.
The course consists of six semesters in the new syllabus and three parts in
the old syllabus. The petitioners participated in the semester/part examinations and
were unsuccessful in a few of the subjects. The petitioners were permitted to appear
in the final semester examination held in the year 2020 and they were successful in
the same.
The grievance of the petitioners is that though they have been permitted to
appear in the final semester examination and have cleared the same, but as they
were unsuccessful in the previous semesters/part examinations accordingly, they
will not get their degree/diploma certificate. Until and unless they clear all the
semesters/part examinations degree/diploma certificate will not be given to them.
The petitioners' earnest request before the Court is to allow them to
participate in the backlog examinations so that they may get an opportunity to clear
the same and get their degree/diploma certificate.
The petitioners rely upon the University Regulations relating to
BA/BSc/B.Com examinations under the Choice Based Credit System (CBCS). The
petitioners press Regulation 5 wherein it has been mentioned that a candidate
(regular/back) shall have to complete Semester I to Semester VI Honours/General
examinations within seven consecutive years including his/her original year of
enrolment, subject to the condition that not more than three consecutive chances
shall be allowed in each semester.
If any of the chances is not availed of by a candidate within the stipulated
period, the chance shall be deemed to have lapsed to appear in final semester. A
candidate shall have to clear all previous semesters.
The petitioners rely upon the UGC revised guidelines on examinations and
academic calendar for the Universities in view of the Covid-19 pandemic. The said
guidelines have been issued as a special case to provide a fair and equal opportunity
to all the students keeping in mind their career opportunities and future progress
during the Covid-19 pandemic.
With regard to the backlog papers in respect of final year students, the revised
guidelines mention that the students of final year/terminal semester having backlog
should compulsorily be evaluated by conducting examinations as per feasibility and
suitability.
The petitioners contend that as they have cleared the terminal examination,
they should be given a further opportunity to clear the backlog paper(s). According
to the petitioners, the seven years' period is yet to be over and they still have
chances to clear the backlog papers, hence the petitioners pray that a further
opportunity may be given to them to clear the backlog papers.
The learned advocate representing the University of Burdwan relies upon the
modified guidelines applicable to the under graduate examinees for the terminal
examinations 2020. The said guidelines are to be followed in supersession of all
earlier guidelines issued in that regard.
Guideline 5 mentions that examinees who have enrolled themselves in the
semester V examination 2019 have been allowed to fill examination forms for
semester VI examination, 2020 irrespective of their results of previous semester(s).
However, the result of semester VI examinees with backlog in respect of semester I
will not be considered and hence will be put under "part not cleared" category if they
fail to clear the semester I backlog even after the publication of Post Publication
Review/ Post Publication Scrutiny result of semester I examination, 2019. For
availing themselves of the scope of review/ scrutiny of their result of the third and
last chance of semester I, such examinees should apply for the Post Publication
Review/ Post Publication Scrutiny.
Guideline 6 mentions that examinees with Roll Prefix 16, who had already
qualified their Part I Examination and appeared but failed to qualify Part II
Examination in 2019 have been allowed to appear in Part III Examination 2020.
Similarly, examinees with Roll Prefix 17, who failed to qualify their Part I/Part II
Examination in 2019 have been allowed to appear in Part III Examination 2020. The
result of Part III Examinations, 2020, will be considered only for those examinees
who qualify their Part I and/or Part II Examinations, 2019, as the case may be, after
the publication of results of Post Publication Review/Post Publication Scrutiny
2019.
The primary contention of the University is that all the semesters/parts have
to be cleared by a candidate for getting their pass certificate.
It has been submitted that the petitioners though were unsuccessful in their
previous semesters/part examination but they were permitted to participate in the
final examination only in view of the modified guidelines published by the UGC.
It has been contented that there is a provision for applying for Post
Publication Review/ Post Publication Scrutiny which the petitioners have not availed
of. It is the clear case of the University that as the petitioners failed to qualify in all
the semester/part examinations their results have been declared by mentioning
"part not cleared".
It has strenuously been contended that the University provided ample
opportunity to the students to clear their backlogs, but the petitioners failed to avail
the said opportunity. As the writ petitioners have failed to qualify in all the
semesters/ part examinations as per the University Regulations, accordingly they
cannot be granted any further opportunity to appear in the backlog examinations.
The respondents pray for dismissal of the writ petition.
I have heard and considered the submissions made on behalf of both the
parties. The petitioners were admitted in their respective courses way back in the
year 2016-2017. CBCS Regulation 5 clearly lay down that a candidate shall have to
complete the entire course within seven consecutive years. It further lay down that
three consecutive chances shall be allowed to clear each semester.
In the instant case there are students who failed to clear the semester 1
examination which was held in the year 2017. In case a student fails in the year
2017 he/she ought to clear the said examination within three consecutive chances.
There are two semesters in a year, which means that the student ought to clear the
semester within 2018 or latest by 2019.
The dictionary meaning of the word "consecutive" is, following one after
another in a series without interruption. It means that a candidate who failed to
clear the examination in the year 2017 ought to appear in the very next two
examinations to clear the same.
A candidate who failed to clear the semester I examination in the year 2017
cannot under any circumstances be given an opportunity to clear the same in the
year 2021 as Regulation 5 specifically mentions that if the three consecutive
chances is not availed of by a candidate the chance shall be deemed to have lapsed.
The candidates who failed to clear the semester examinations in the year 2017
or before automatically loses their chance to clear the backlog paper(s) in 2020 or
thereafter. If the backlog papers remained unclear, then the candidate remains
unsuccessful and is not permitted to appear in the final semester examination.
The petitioners have been permitted to appear in the final semester
examinations held in the year 2020 only in accordance with the revised guidelines
published by the UGC. In view of the said relaxation the candidates who were
unsuccessful in the years 2019 or onwards get an opportunity to avail the benefit of
the Post Publication Review/Post Publication Scrutiny and the result of the terminal
examination of those examinees who qualify in the semester/part examination after
availing the Post Publication Scrutiny /Post Publication Review are considered as
pass.
The petitioners though appeared in the terminal examination by dint of the
modified guidelines of the UGC, but as they were unsuccessful in the previous
examinations they failed to obtain the benefit of such relaxation. The candidates
who became unsuccessful in the year 2017 or before could not have anticipated that
a situation like Covid-19 will strike in the year 2020 for which relaxation in the
examination guidelines may be granted. The said candidates practically lost their
chance to clear the examination long before Covid-19 struck. After the prescribed
period they cannot be permitted to reopen their case with a prayer to appear in the
backlog paper(s). Covid-19 ought not to be the alibi to tweak the examination
regulations/guidelines of the University.
The petitioners being the students of the University are bound to follow and
abide by the regulations of the University according to which the examinations are
held. The submission of the petitioners that they be given a further chance as the
seven years' period to complete the course is not yet over, does not come to the aid
of the petitioners in any manner. In my opinion, the petitioners misinterpreted the
said regulation. The petitioners failed to appreciate that though the course is to be
completed within seven years, but at the same time a semester/ part is to be cleared
within three consecutive chances. A candidate who failed in the year 2017 or prior
thereto loses the chance to appear in the said examination after two further
uninterrupted chances.
As two semester examinations are conducted in a year, if a candidate fails in
the first semester he must pass either in the second or the third semester. If the
candidate does not pass in either of the second or the third semester the candidate
loses the opportunity to clear the course once and for all. Even though the outer
limit for completing the course is seven years, it does not mean that a candidate
who failed in the first semester examination can appear in the fifth semester for
clearing the same, because the candidate is allowed only two further uninterrupted
chances for clearing the backlog paper. The result of the students has been declared
as 'part not cleared'.
From the submissions of the parties and upon perusal of the relevant
documents, I am of the considered opinion that the petitioners have lost their
chance to clear the backlog papers and no further opportunity can be granted to
them to clear the backlog papers at such a distant time.
In view of the discussions made herein above no relief can be granted to the
writ petitioners.
The writ petition fails and is hereby dismissed.
Urgent certified photo copy of this judgment, if applied for, be supplied to the
parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J. )
