Ct. 238 vs The Union Of India & Ors
2023 Latest Caselaw 176 Cal

13   06-01-2023

      AKG                                WPA 1 of 2023
                                      Dr. Jay May Sarkar
     Ct. 238                                  Vs.
                                      The Union of India & Ors.



                           Mr. Anujit Mukherjee
                                                    ...for the Petitioner
                           Mr. Mani Sankar Chattopadhyay
                                        ...for the Respondent Nos. 4 & 5

Mr. Swapan Kr. Datta, Mr. Tapas Kr. Dey ...for the State

Petitioner is a student of LL.B. (Three Years)

examination at Seacom Skills University, respondent

no. 4.

It has been submitted on behalf of the

petitioner that he intends to participate in the

examination through online mode being a senior

citizen. Coming to the examination hall and sitting

with other examinees may expose to him to health

hazards particularly, keeping in mind the prevailing

pandemic situation.

On behalf of the college, it has been submitted

that the examination commenced on January 2, 2023

and it will be over by January 7, 2023.

At this juncture, no relief should be granted to

the petitioner.

The State Government as well as the UGC by

issuing circulars left it to the discretion of the

University to conduct the examination through online

or offline mode.

The relevant University has decided to conduct

examination through offline. The petitioner does not

have any right to choose the mode of examination. He

is to obey the decision of the University.

The issue has been decided by a judgment

passed by this Court in W.P.A. 10435 of 2022

(Neelabja Gupta & Ors. v. The Union of India & Ors.).

The same was affirmed by the Division Bench of this

Court by a judgment passed in M.A.T. 880 of 2022

(Neelabja Gupta & Ors. v. Union of India & Ors.).

In that view of the matter, this writ petition

being WPA 1/2023 is dismissed.

Urgent photostat certified copy of this order,

if applied for, be supplied to the parties

expeditiously on compliance of usual legal

formalities.

(Kausik Chanda, J.)