Rajasthan High Court - Jodhpur

Rajender Kumar vs Maharaja Ganga Singh University, ... on 12 November, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 14691/2021

Prem Prakash S/o Shri Om Prakash, Aged About 23 Years, Resident Of Ward No. 16, Loonkaransar, Tehsil Loonkaransar District Bikaner.

----Petitioner Versus

1. Maharaja Ganga Singh University, Bikaner, Through Its Registrar.

2. Controller Of Examination, Maharaja Ganga Singh University, Bikaner

----Respondents Connect with (2) S.B. Civil Writ Petition No. 15631/2021

Rajender Kumar S/o Shri Daya Ram, Aged About 31 Years, Resident Of Village Dulmana, Tehsil Pilibanga, District Hanumangarh.

----Petitioner Versus

1. Maharaja Ganga Singh University, Bikaner, Through Its Registrar.

2. The Examination Controller, Maharaja Ganga Singh University, Bikaner.

                                                                   ----Respondents


For Petitioner(s)            :     Mr. R.S. Choudhary
                                   Mr. S.S. Choudhary
For Respondent(s)            :     Mr. D.D. Chitlangi



                       JUSTICE DINESH MEHTA

                                   Judgment

12/11/2021

1. Both these writ petitions involve common facts and law,

therefore, they are being disposed of by this common order.

(2 of 8) [CW-14691/2021]

However, for the purpose of convenience and clarity, facts of

SBCWP No.14691/2021 (Prem Prakash Vs. Maharaja Ganga Singh

University, Bikaner & Anr.) are being taken into consideration.

2. The petitioner has cleared his graduation from respondent-

University in Arts in the year 2018 with optional subjects History,

Hindi Literature and Geography.

3. The petitioner claiming to have knowledge of Punjabi

language decided to have additional subject in B.A. examination

and therefore, submitted application for the same before the

respondent-University.

4. It is the contention of the petitioner that pursuant to the

application forms submitted by various candidates, the

respondent-University issued schedule of examination according to

which papers of Punjabi-I and II (subject code 372) for B.A. III

year were scheduled on 02.09.2021 from 2.00 pm to 3.30 pm and

3.40 pm to 5.10 pm.

5. According to the petitioner, he downloaded his admit card

and appeared in the examination of additional subject of B.A. III

year examination on the scheduled date i.e. 02.09.2021 and has

been waiting for examination to be held for B.A. Part I and II

(additional subject - Punjabi), however neither any intimation was

ever sent by the respondent-University nor the schedule for

examination was uploaded in the official website of the

respondent-University.

6. According to the petitioner, he later came to know that the

examinations of the B.A. Part I and II for additional subject

(Punjabi) have already been held by the respondent-University on

10.09.2021 and 17.09.2021 respectively.

(3 of 8) [CW-14691/2021]

7. Petitioner has come with an assertion that he could not

appear in such examinations as neither he was informed about the

examination nor he had been issued admit card for examination of

B.A. Part- I and II.

8. Mr. Choudhary, learned counsel for the petitioner invited

Court's attention towards the admit card (Annex.3) and pointed

out that at the first instance, petitioner's admit card that was

uploaded by the respondent-University was only for the

examination of B.A. III year examination held on 02.09.2021. It is

contended by Mr. Choudhary that thereafter, the respondent-

University published schedule of subsequent examinations of B.A.

Part- I and II to be held on 10.09.2021 and 17.09.2021

respectively and composite admit cards were issued to some of

the students, which the petitioner did not know till recently and in

the meantime the examinations were over.

9. The petitioner has fairly placed on record Annex.4 - an admit

card subsequently uploaded by the respondent-University in which

the schedule of all the examinations of B.A. Part I, II and III year

have been given with dates - 02.09.2021; 10.09.2021 and

17.09.2021 respectively.

10. The petitioner has stated in his writ petition that as he was

appearing in REET examination, he had kept his mobile phone

switched off so as to avoid distraction and disturbance. It is

however asserted that though the petitioner has been frequently

checking website of the respondent-University but no information

about conducting of the examination of additional subject of B.A.

Part I and II year was ever flashed.

11. Reply to the writ petition has been filed by the respondent-

University in which it is stated that the respondent-University had

(4 of 8) [CW-14691/2021]

timely issued the schedule and all the concerned students were

intimated on their mobile numbers. Mr. Chitlangi, learned counsel

asserted that as a matter of fact almost all students had appeared

in the examinations that were held on 10.09.2021 and

17.09.2021, barring these two petitioners.

12. In rejoinder, Mr. Choudhary invited Court's attention towards

Para No.7 of the writ petition and contended that the respondent-

University is trying to cover up its inadvertence or lapses in not

properly uploading the admit card by supplying

incorrect/misleading information.

13. It is the case of the petitioner that due to inadvertence or

otherwise, the respondent-University had uploaded incorrect admit

card for the petitioner whereas in the case of other candidates

such as Om Prakash (Annex.6), the respondent-University had

uploaded the correct admit card, indicating therein schedule of all

the three examinations.

14. Mr. Chitlangi, learned counsel for the respondents placed for

perusal of this Court a print-out of SMS sent by the respondent-

University, which shows that on 26.08.2021, the respondent-

University had sent a categorical message to all the students to

download their admit cards for the ensuing examinations. It was

pointed out that an SMS has been sent to the petitioner on his

registered mobile number.

15. It is also pointed out by learned counsel that the schedule for

examination of B.A. Part III to be held on 02.09.2021 was

published in the official website of the respondent-University on

27.07.2021; whereafter the schedule of B.A. Part I and II

additional subject (Punjabi) to be held on 10.09.2021 and

13.09.2021 respectively was published on 13.08.2021. He pointed

(5 of 8) [CW-14691/2021]

out that the examinations scheduled on 13.09.2021 were however

postponed to 17.09.2021.

16. In sum and substance, stand of the University has been that

not only the schedule of examination was uploaded in time but

also the admit cards to all the candidates including the petitioner

were uploaded in time.

17. Mr. Choudhary, learned counsel for the petitioner submitted

that the respondent-University is holding examinations of due

papers of Punjabi subject for B.A. Part-I and II year on

16.11.2021 and 24.11.2021 respectively, and if the petitioner is

given one opportunity to appear in such examinations, it would

save one year of the petitioner whereas no prejudice would be

caused to the respondent-University.

18. In response to such contention, Mr. Chitlangi, learned

counsel for the respondent-University invited Court's attention

towards University Ordinance 203 and submitted that all the three

papers are required to be cleared in one go, hence, the petitioner

cannot be permitted to clear these three papers intermittently.

19. Heard learned counsel for the parties.

20. Upon perusal of the material available on record and

considering the submissions made by rival counsel, this Court

finds that the respondent-University had initially uploaded the

schedule for Subject Code 372 viz. Part I and II for B.A. III year

examination to he held on 02.09.2021, which is evident from the

document produced by Mr. Chitlangi which shows that the

schedule for the examination to he held on 02.09.2021 was

uploaded by the respondent-University on 27.07.2021. It was only

on 13.08.2021, the University had uploaded the schedule for

(6 of 8) [CW-14691/2021]

examination of B.A. Part-I and II to be held on 10.09.2021 and

13.09.2021 respectively.

21. It may be petitioner's fault that having downloaded the admit

card of B.A. III year examination which has been held on

02.09.2021, he rested his oars and did not care to surf through

the website of the respondent-University or to enquire from other

students as to when the examinations of B.A. Part-I and II are

being held.

22. Be that as it may. In view of the fact pointed out by Mr.

Choudhary that the petitioner has appeared in REET examination,

held on 26.09.2021, claiming himself to have appeared in

additional subject of Punjabi in B.A. and if the petitioner is not

given chance to appear in the examination, his future will be

adversely affected, this Court is persuaded to grant indulgence to

the petitioners inasmuch as the respondent-University was also at

fault in uploading admit card (Annex.3) only for the examinations

held on 02.09.2021.

23. Adverting to the contention of Mr. Chitlangi that according to

the University Ordinance 203, the petitioners cannot be permitted

to clear all the three papers intermittently, this Court records that

the respondents have reproduced incomplete rather incorrect

provision as Ordinance 203 in para No.3 of its reply. Relevant

provision is Ordinance No.203(8) and the same is being

reproduced hereunder:-

"(8) (i) Any candidate who has passed B.A. (Pass) / B.A. (Hons.) / B.Sc. (Pass) / B.Sc. (Hons.) / B.Sc. (Ag.) / B.Com. (Pass) / B.Com. (Hons.) / B.F.A. / B.Sc. Home Science Examination of the University under 10+2+3 pattern shall be allowed to present himself for examination be allowed to

(7 of 8) [CW-14691/2021]

present himself for examination in any subsequent year in anyone of the optional subjects prescribed for the B.A. Examination (10+2+3 pattern) and not already taken by him at the degree examination and he is not registered for any other examination of the University in the same year and, if successful will be given a certificate to that effect. Such a candidate shall be required to appear in all the papers of the subject in one and the same year.

(ii) A candidate who desires to enter for the examination under this Ordinance must submit his application on a prescribed form. The application shall be accompanied with an examination fee and the marks fee and shall be forwarded by the Principal of the college concerned.

(iii) In the case of a candidate whose application is rejected or who does not submit an application but only sends the fees, the amount paid by the candidate on account of fee shall be refunded after deducting Rs.3/-."

24. A simple reading of the above quoted provision suggests that

a student has to clear all the papers in one year and thus, he

cannot appear in such examination in the subsequent or next year.

Since the examination of due papers are going to be held on

16.11.2021 and 24.11.2021 respectively, well within two months

of the earlier examination, this Court deems it appropriate to

consider petitioners' request for permitting them to appear in

examination of B.A. Part I and II in additional subject Punjabi,

which are going to be held by the respondent-University on

16.11.2021 and 24.11.2021 respectively.

25. True it is that the petitioners ought to have been more

vigilant and careful but this Court is inclined to exercise its power