Calcutta High Court (Appellete Side)
Swagatam Sinha vs The Vice Chancellor on 25 September, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 2950 of 2024
Swagatam Sinha
versus
The Vice Chancellor, University of Burdwan and others
For the petitioner Mr. B.K. Bhattacharyay
For the Burdwan University Mr. Jyoti Prakash Chatterjee
Amicus Curie Mr. Nilotpal Chatterjee
Lastly heard 25.09.2024
Judgment on 25.09.2024
JAY SENGUPTA, J:
1. This is an application for a direction upon the respondent authorities
to allow the petitioner to sit for the examination in question in terms of the
representation and notice annexed with the writ petition.
2. Learned counsel appearing on behalf of the petitioner submits as
follows. The petitioner appeared in the B.A. Examination (General) Sessions
2019-2022 from Gushkara Mahavidyalaya under the University of Burdwan
in Semester - I in the year 2019, but became unsuccessful in the subject
Philosophy. He could not succeed in the second time because of non-
production of project paper during the Covid-19 pandemic situation.
However, in the third attempt which was scheduled to take place in the year
2021, he was unaware of the exact date fixed for such examination as the
same was not widely publicised. However, he later came to know that the
examination was over. He made a representation before the University to
allow him to sit for the examination on a subsequent date. This was in view
of the conditions stipulated by the University that for passing a particular
Semester, three successive attempts could be taken at the most.
3. Learned counsel appearing on behalf of the University denies the
allegations and submits as follows. Even during Covid-19 pandemic period,
the petitioner made an attempt and sat in the examination. There is no
reason why he would not be able to do it for the year 2021 when the
situation had become better. However, if any representation in this regard is
pending before the University, the same can be considered in accordance
with law (annexure P-2). As per instructions, there is no project paper
involved in the subject Philosophy.
4. Learned Amicus relies on the written notes filed by him and submits
as follows. During the Covid-19 pandemic period, the Hon'ble Apex Court in
Suo Motu Writ Petition (Civil) No. 3 of 2020 passed certain directions in
respect of period of limitation. The period between 15.03.2020 and
14.03.2021 was excluded from the consideration in calculating the period of
limitation. However, this did not directly relate to education matters.
However, the UGC also passed certain regulations regarding examinations,
etc. to be held during Covid-19 pandemic period. Similar guidelines were
framed by the State Government as well. In fact, in compliance with the
judgment of the Hon'ble Apex Court and based on the UGC Guidelines, the
University of Burdwan also took a decision to conduct the examinations of
2020 and all pending examinations in blended mode. The external
component of the said examination was to take place in a Blended Open
Book Examination Mode with provision for accessing questions
electronically and the like. In their Guidelines they made it clear that the
same should be shared with the study centres with requests for wide
publicity so that the students might take their examination with sound
knowledge about the system, especially what they were supposed to do
before and during and after the examination.
5. Therefore, it appears that the University was also conscious of the fact
that the Covid-19 pandemic period or the period immediately succeeding the
same required special consideration at least so far as necessary knowledge
to be imparted to the candidates was concerned.
6. It does not appear that the requirement of wide publicity to such
guidelines have been necessarily been fulfilled by the study centres.
7. In this context the specific contention of the petitioner is that he was
unaware of the date on which the examination of 2021 was to be held.
8. In view of the above and in the interest of justice, let the petitioner
make a comprehensive representation in this regard before the Vice-
Chancellor of the respondent University within a fortnight from this date. In
such event, the Vice-Chancellor is requested to decide on such
representation in accordance with law and expeditiously, preferably within
six weeks from the receipt of such representation.
9. With these observations, the writ petition is disposed of.
10. Urgent photostat certified copy of this order, if applied for, be
furnished to the parties expeditiously upon compliance of all legal
formalities.
(Jay Sengupta, J)
Sws.M. AR(Ct.)
