Jammu & Kashmir High Court - Srinagar Bench
Syed Ainain Qadri vs Ugc And Ors on 8 February, 2021
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP(C ) 1903/2020
CM Nos. 5808/2020,
6460/2020, 6461/2020
Reserved on : 02.02.2021
Pronounced on: 08.02.2021
Syed Ainain Qadri
.....petitioner(s)
Through :- Mr. Salih Pirzada Advocate.
V/s
UGC and ors .....Respondent(s)
Through :- Mr.Tasaduq Khawja, Advocate
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT
1 Through the medium of instant petition, the petitioners have sought a
direction to respondent No.2-Univesity of Kashmir to conduct the online
examination of intermediary law students of 4th semester expeditiously on
the basis of guidelines/decisions taken by the University Grants
Commission and the Bar Council of India so as to save the career of the
students. A further direction to respondent No.2 to complete the 5th
semester course of the petitioners without any delay has also been sought.
Apart from this, a direction to respondent No.4 for conveying his decision
with regard to the extension of lockdown measures in the Union Territory
of Jammu and Kashmir to the authorities of University of Kashmir has also
been sought.
MOHAMMAD ALTAF BHAT
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2 WP(C ) 1903/2020
2 Briefly stated the case of the petitioners is that they are 2nd year law
students pursuing intermediate five years course through the University of
Kashmir since the year 2018. It is contended that due to that conditions that
prevailed as a consequence of abrogation of Article 370 of Constitution of
India and outbreak of COVID-19 infection, the petitioners have been
adversely impacted so far as their studies are concerned, inasmuch as they
have been made to lag behind by at least one semester.
3 The petitioners are aggrieved of notice dated 19 th October, 2020
issued by respondent No.2 whereby they have been asked to appear in the
examination through offline mode after physical opening of the University.
According to them, the University of Kashmir except in the case of law
student, as also the other Universities have conducted the examination of
students through online mode, but respondent No.2 has not adopted the
same mode for conducting the examination of the petitioners. According to
the petitioners, respondent No.2 has been insisting on conducting the
examination of the petitioners through offline mode. It is further contended
that most of the law students enrolled in the Kashmir University and other
affiliated Colleges in Kashmir are from far flung areas of Kashmir and it is
not possible for them in this global pandemic to risk their lives to come to
Srinagar and sit in the examination. In short, the petitioners are seeking a
direction to the respondent-University of Kashmir to conduct their
examination for various semesters of LLB course through online mode
only.
4 Respondent No.2-University of Kashmir has filed its reply to the
petition in which it has been contended that in view of the developments
which have taken place after the filing of writ petition, the same has been
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integrity of this document
3 WP(C ) 1903/2020
rendered infructuous. It is averred that the University of Kashmir has
already initiated the process for conducting examination of various
semesters and in fact, the date sheets for various semesters have already
been issued. However, due to harsh winter, the examinations have been
postponed till 15.02.2021. It has been contended that the examinations of
other courses in the Union Territory of Jammu and Kashmir like 10th class,
12th class or MBBS are taking place through physical mode, as such, there
should be no difficulty in conducting the examinations of the petitioners
through physical mode.
5 I have heard learned counsel for the petitioners and have perused the
material on record.
6 The short controversy involved in this petition is with regard to the
mode in which the examination of the petitioners is required to be
conducted. According to the petitioners, the mode of conducting of
examination for them should be online as similar mode has been adopted
by the other Universities as also in case of other faculties of University of
Kashmir. There cannot be any vested right for the students with regard to
the mode in which the examination of students is to be conducted. The
online mode was adopted by the Universities and the Educational
Institutions all over the country keeping in view the situation that had
arisen on account of outbreak of COVID-19 infection. Respondent No.2 is
right in submitting that after the filing of the instant petition, certain
developments have taken place that have changed the whole scenario. In
view of these developments, insistence on a particular mode of
examination may not be available to the petitioners.
MOHAMMAD ALTAF BHAT
2021.02.09 10:52
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4 WP(C ) 1903/2020
7 The Government of Jammu and Kashmir vide Government Order
No. 04- JK (DMRRR) of 2021, dated 31 .01.2021 has issued the latest
guidelines/instructions on Covid containment measures in the Union
Territory of Jammu & Kashmir effective from 01-02-2021. As per these
guidelines, opening of Schools, Colleges, Higher Educational Institutions,
Technical/ Skill institutions has been permitted subject to regulation of
these activities strictly in terms of the SOPs issued by the Central/
Government/UT of J&K Government.
8 In view of the aforesaid guidelines, all the Educational Institutions in
the UT of Jammu and Kashmir have been reopened and the students are
physically attending their respective Educational Institutions. In the face of
this development, conducting of examination of the petitioners through
physical mode is permissible, therefore, they cannot insist on conduct of
their examination through online mode. It is an admitted position that the
online mode of examination was adopted by the Educational Institutions on
account of outbreak of Covid-19 infection, whereas the normal mode of
conducting examination for the petitioners and the other law students is the
physical mode. Therefore, in the changed scenario, the petitioners cannot
claim that their examination should be conducted through online mode.
9 For the foregoing reasons, I do not find any justification in the relief
sought by the petitioners so far as the same relates to insistence on online
mode of examination. However, having regard to the fact that on account
of the circumstances beyond the control of the petitioners as well as beyond
the control of University authorities as enumerated hereinbefore, valuable
time of the petitioners has been lost and they have lagged behind in their
normal course of studies. Therefore, respondent No.2 is expected to
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address the concern of the petitioners and other students regarding the
delay in completion of the course with all sensitivity and seriousness.
10 Accordingly, while declining the prayer of the petitioners to conduct
their examination through on line mode, a direction is issued to respondent
No.2 to immediately conduct the examination of intermediary and 4th
Semester law students within the current month only and further complete
the 5th semester course of the petitioners expeditiously so that there is no
delay in completing the said course.
The petition is disposed of in the above terms.
(SANJAY DHAR)
JUDGE
Srinagar
08.02.2021
Sanjeev PS
Whether the order is speaking : Yes
Whether the order is reportable :Yes/No
MOHAMMAD ALTAF BHAT
2021.02.09 10:52
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integrity of this document
