Harshit Sharma vs State Of H.P. & Others
2021 Latest Caselaw 1054 HP

Citation : 2021 Latest Caselaw 1054 HP
Judgement Date : 11 February, 2021

Himachal Pradesh High Court

Harshit Sharma vs State Of H.P. & Others on 11 February, 2021

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                  CWP No. 713 of 2021-B





                                  Date of Decision : February 11 , 2021

    Harshit Sharma                                                ...Petitioner.





                                  Versus
    State of H.P. & others                                        ...Respondents.





    Coram:

The Hon'ble Ms. Justice Jyotsna Rewal Dua, Vacation Judge.

Whether approved for reporting?1 No.

For the petitioner : Mr. Nipun Sharma, Advocate.

    For the respondent          : Mr. Hemant Vaid & Mr. Arwind Sharma,
                                  Additional    Advocate    Generals   and

Mr. R.R. Rahi & Mr. Amit Dhumal, Dy.AGs,

for respondents No. 1 and 3/State.

Mr. Surender Verma, Advocate, vice Mr.

Neel Kamal Sharma, Advocate, for respondent No. 2/HPU.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Per: Jyotsna Rewal Dua, Vacation Judge. (Oral)

Notice. Mr. R.R. Rahi, learned Deputy Advocate

General and Mr. Surender Verma, learned Counsel, waive

service of notice on behalf of respondents No. 1 & 3 and

respondent No. 2, respectively.

Whether reporters of Local Papers may be allowed to see the judgment?

2. In view of the nature of order to be passed

hereinafter, no reply is necessary to be called from the

respondents.

3. Heard learned Counsel for the parties.

4. The petitioner appeared in B.Sc. (Non-medical) 1 st

Year Examination held in April, 2019. The result of the

same was declared in September, 2019. The petitioner was

shown to have failed in three subjects i.e. Chem 101, Chem

102 and Maths 101TH. He applied for re-evaluation in all

these three subjects. The result of re-evaluation was

declared on 13.02.2020. The petitioner was shown to have

passed Chem 102 paper. His original result of failure in the

other two subjects remained as it was.

5. Learned Counsel for the petitioner contends that

having failed in two papers out of total eight papers,

petitioner had technically 'passed' B.Sc. 1 st Year

examination and, therefore, was eligible to be promoted to

the next higher class i.e. B.Sc. 2 nd Year. Learned Counsel

further submitted that in terms of a Policy decision of the

Government taken in view of the Covid-19 Pandemic, all the

students, without taking examination were to be promoted

to the next higher classes. Petitioner who had passed the

B.Sc. 1st Year examination, though his result was declared

later, was also eligible to be considered as a student of 2 nd

Year and in view of the aforesaid Government Policy

decision, he was not required to take the 2 nd Year

examination. Learned Counsel for the petitioner contended

that the petitioner, as such, is now eligible to appear for the

3rd Year examination for which the respondent/University

has now called for the examination forms. Learned Counsel

further submitted that representations sent in this regard

through E-mail by petitioner to the respondents have not

been responded. On the basis of these submissions, instant

writ petition has been filed for the following prayers:

"(I) That a writ in nature of mandamus may very

kindly be issued to the respondents Nos. 2 and 3, to allow the petitioner to fill in examination forms

for B.Sc. (Non-Medical) 3rd year examination, for which last date is 20.2.2021 and also allow him to appear in the final year examinations to be held in March/April, 2021.

(II) That respondent No. 2 may be directed to declare the result of revaluation of Chem101 paper of the petitioner of first year, for which he had applied for revaluation in September, 2019."

6. Mr. Surender Verma, learned Counsel for the

respondent/University, on the basis of the instructions

imparted by the respondent/University submitted that the

re-evaluation result of the petitioner was declared as a

result of which the petitioner was placed in compartment in

the 1st Year. He became eligible to study in 2nd Year and

should have taken admission in 2 nd Year in the college

concerned. The written instructions imparted are extracted

hereinafter:

"That the candidate having failed in three subjects have applied for re-evaluation.

That the re-evaluation result of the candidate has been

declared in two subject and as such he got compartment and became eligible to sit in 2nd year and

should have taken admission in 2 nd year in the college concerned.

The University has decided to promote the students in view of COVID - 19 situation.

The University vide its notification dated 6.2.2021 has allowed the students who could not fill up their examination forms for 1st or 2nd year under annual system to fill up their examination forms with a normal fee and a late fee of Rs. 1200/-