Madhya Pradesh High Court
Ankit Patel vs The State Of Madhya Pradesh on 8 March, 2021
Author: Prakash Shrivastava
W.P. No.1498/2021 & W.P. No.2181/2021
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The High Court of Madhya Pradesh
W.P. No.1498/2021
(ANSHUMALA SHUKLA AND ANOTHER Vs THE STATE OF MADHYA PRADESH)
W.P. No.2181/2021
(ANKIT PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated: 08/03/2021
Shri M.P. Shukla, learned counsel for the petitioners in W.P.
No.1498/2021.
Shri H.R. Naidu, learned counsel for the petitioners in W.P.
No.2181/2021.
Shri Akshay Pawar, learned Panel Lawyer for the
respondents/State.
Shri Jubin Prasad, learned counsel for the respondent
No.2/Board.
Heard.
This order will govern the disposal of W.P. No.1498/2021 and
W.P. No.2181/2021 as both these petitions involve the similar issue.
In Writ Petition No.1498/2021, the petitioners were originally
enrolled in D.El.Ed. course in the academic session 2017-18 and
they have failed twice in the second year examination. They are now
seeking another opportunity to appear in the examination on the
ground that they could not appear in the examination which was held
in September, 2020.
In Writ Petition No.2181/2021, the case of the petitioners is
that they had taken admission in D.El.Ed. Course in the 2017-18
session and in the examination held in September, 2018, the
petitioners had received supplementary which they could clear in
2019 examination but they could not appear in the examination of
second year which was held in September, 2020 and, therefore, now
they are seeking another opportunity.
Learned counsel for the respondent No.2/Board has informed
that the issue involved in the present petitions has been examined by
W.P. No.1498/2021 & W.P. No.2181/2021
the Division Bench at Gwalior and identical batch of petitions have
been dismissed.
Having heard learned counsel for the parties and on the
perusal of the record, it is noticed that identical batch of petitions
were filed at Gwalior Bench and the Division Bench at Gwalior by
order dated 16.02.2021 passed in W.P. No.597/2021 (Priya Kumari
Vs. State of M.P. and others) and other connected batch of petitions,
examined the same issue and have dismissed the petition by holding
that:
"4.1. On the strength of aforesaid undisputed facts, learned
counsel for petitioner does not dispute that extended period of
three years stipulated by statutory provisions under NCTE
Regulations, 2014 came to an end in July, 2020 and yet the
petitioner who afforded opportunity by Board to appear in the
IInd year examination held in September, 2020 for passing in two
subjects (supra) in which the petitioner had failed twice earlier.
4.2. The contention of learned counsel for petitioner, however is
that due to lockdown/restrictions owing to COVID-19 pandemic,
the petitioner being resident of remote area was unable to appear
in September, 2020 examination for reasons not attributed to her
and thus prayer for allowing petitioner another opportunity to
appear in forthcoming IInd year exam.
5. The return filed by respondent/Board objects that maximum
three year extended period under statutory provisions was over in
July, 2020 and yet petitioner was afforded opportunity to appear
in September, 2020 examination but the petitioner failed to avail
the same. As regards lockdown/restrictions imposed due to
COVID-19 pandemic, counsel for respondent/Board submits that
large number of candidates from distant places had appeared in
September, 2020 examination and therefore, no exception can be
made qua petitioner.
5.1 It is further submitted by counsel for Board that petitioner at
no point of time raised any objection in writing as regards
disability before the Board of appearing in September, 2020
examination.
6. Clause 2.1 of National Council For Teacher Education
[Recognition Norms and Procedure] Regulations, 2014 framed
W.P. No.1498/2021 & W.P. No.2181/2021
under NCTE Act, 1993 is reproduced below for ready reference
and convenience;
2.1 Duration
"The D.El.Ed. programme shall be of a duration of
two academic years. However, the students shall be
permitted to complete the programme within a
maximum period of three years from the date of
admission to the programme."
7. After hearing learned counsel for rival parties, this Court is of
the considered view that after expiry of maximum extended
period of three years stipulated under statutory provisions for
completing the two years D.El.Ed. course and despite petitioner
having failed to avail the opportunity extended for appearing in
September, 2020 examination, the entire edifice in this petition
appears to be based primarily on sympathy without any legal
right.
8. This Court is afraid that no writ can be issued in absence of
any right. Sympathy/compassion, in the absence of any legal
right, cannot enable the litigant to successfully invoke writ
jurisdiction of this Court u/A.226 of the Constitution.
9. In view of above, this Court sees no reason to accept the prayer
of petitioner in the present petition and therefore, present petition
deserves to be and is hereby dismissed, sans cost."
Since the present petitions undisputably stand on the same
footing, therefore, in view of the above judgment in the case of
Priya Kumari (supra), we do not find any merit in the petitions,
which are accordingly dismissed.
The signed order be placed in the record W.P. No.1498/2021
and a copy whereof be placed in the record of connected W.P.
No.2181/2021.
(PRAKASH SHRIVASTAVA) (VIRENDER SINGH)
JUDGE JUDGE
Biswal
SHIBA NARAYAN BISWAL
2021.03.09 17:55:22 +05'30'
