Sanjeev Kumar Vs. Barkatullah University Hoshangabad Road, Bhopal Judgement Given By: Hon'ble Shri Justice Rajendra Menon - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120172
CourtMadhya Pradesh High Court
Decided OnJan-27-2014
AppellantSanjeev Kumar
RespondentBarkatullah University Hoshangabad Road, Bhopal Judgement Given By: Hon'ble Shri Justice Rajendra Menon
Excerpt:
writ petition no :: 13991 / 2013 sanjeev kumar & others versus barkatullah university and another 24.01.2014. shri praveen chourasiya for the petitioners.shri mahendra pateriya for respondent no.1. shri kamlesh mishra for respondent no.2. challenging the notification dated 31.7.2013, passed by the barkatullah university declaring the petitioners as failed in the subject of b.p.ed cours.conducted, petitioners have filed this writ petition. petitioners were candidates who had appeared in the b.p.ed examination conducted for the academic session 2010-11 by the barkatullah university. petitioners were students of respondent no.2 npg mahavidyalaya. it seems that petitioners appeared in all the theory papers that were conducted by the university, but when their results were declared it was found that they are absent in the practical examination and, therefore, they were declared as ‘not passed’. grievance of the petitioners is that the institute/respondent no.2 did not permit them to appear in the practical examination, illegal gratification was being demanded from them and when they refuse to oblige the authorities of the institute of respondent no.2, it is stated that the petitioners were prevented from appearing in the practical examination. respondent no.2 institute has filed an affidavit and deny the allegations made against them in the matter of preventing the petitioners from appearing in the practical examination and only say that the petitioners did not appear in the examination. as far as the university is concerned shri mahendra pateriya points out that the practical examination was to be 2 conducted by the institute in question and as the marks of the petitioners were not forwarded by the institute on the ground that the petitioners did not appear in the practical examination, the university cannot declare the result of the petitioners.however, learned counsel for the petitioner invites out attention to ordinance no.6, vide annexure p/7 and clause 12 thereof to say that an ex-student candidate can appear in the examination centre at which a regular candidate from the college has prosecuted studies and the registrar may for sufficient reasons allow the candidate to change his examination centre. from the facts and circumstances of the case and on taking note of the situation that has risen, interest of justice would be met in case registrar of the university is directed to permit the petitioners to take up the practical examination from any centre or institute as may be decided by him and after taking the practical examination may declare their results in accordance to the performance of the petitioners in the practical examination. this is the only way to resolve the dispute between the petitioners and the respondent no.2 institute and with a view to protect the career of the students, it is thought appropriate that the registrar of the university may do so as observed by this court hereinabove. accordingly, it is directed that on the petitioners’ appearing alongwith a certified copy of this order, registrar of the barkatullah university shall ensure that a centre or institute is fixed wherein the petitioners’ practical examination shall be undertaken and based on the same the results of the petitioners 3 would be declared. all expenses required for conducting the practical examination shall be deposited by the petitioners’ as and when demanded. the entire action for conducting the examination and declaration of the result shall be completed within a period of 30 days from the date of receipt of certified copy of this order. with the aforesaid, the petition stands disposed of. certified copy as per rules. (rajendra menon) (a.k.sharma) judge judge aks/-
Judgment:

Writ Petition No :: 13991 / 2013 Sanjeev Kumar & others versus Barkatullah University and another 24.01.2014.

Shri Praveen Chourasiya for the petitioneRs.Shri Mahendra Pateriya for respondent No.1.

Shri Kamlesh Mishra for respondent No.2.

Challenging the notification dated 31.7.2013, passed by the Barkatullah University declaring the petitioners as failed in the subject of B.P.Ed couRs.conducted, petitioners have filed this writ petition.

Petitioners were candidates who had appeared in the B.P.Ed Examination conducted for the Academic Session 2010-11 by the Barkatullah University.

Petitioners were students of respondent No.2 NPG Mahavidyalaya.

It seems that petitioners appeared in all the theory papers that were conducted by the University, but when their results were declared it was found that they are absent in the Practical Examination and, therefore, they were declared as ‘not passed’.

Grievance of the petitioners is that the Institute/respondent No.2 did not permit them to appear in the Practical Examination, illegal gratification was being demanded from them and when they refuse to oblige the authorities of the Institute of respondent No.2, it is stated that the petitioners were prevented from appearing in the Practical Examination.

Respondent No.2 Institute has filed an affidavit and deny the allegations made against them in the matter of preventing the petitioners from appearing in the Practical Examination and only say that the petitioners did not appear in the Examination.

As far as the University is concerned Shri Mahendra Pateriya points out that the Practical Examination was to be 2 conducted by the Institute in question and as the marks of the petitioners were not forwarded by the Institute on the ground that the petitioners did not appear in the Practical Examination, the University cannot declare the result of the petitioneRs.However, learned counsel for the petitioner invites out attention to Ordinance No.6, vide Annexure P/7 and Clause 12 thereof to say that an ex-student candidate can appear in the examination Centre at which a regular candidate from the college has prosecuted studies and the Registrar may for sufficient reasons allow the candidate to change his Examination Centre.

From the facts and circumstances of the case and on taking note of the situation that has risen, interest of justice would be met in case Registrar of the University is directed to permit the petitioners to take up the Practical Examination from any Centre or Institute as may be decided by him and after taking the Practical Examination may declare their results in accordance to the performance of the petitioners in the Practical Examination.

This is the only way to resolve the dispute between the petitioners and the respondent No.2 Institute and with a view to protect the career of the students, it is thought appropriate that the Registrar of the University may do so as observed by this Court hereinabove.

Accordingly, it is directed that on the petitioners’ appearing alongwith a certified copy of this order, Registrar of the Barkatullah University shall ensure that a Centre or Institute is fixed wherein the petitioners’ Practical Examination shall be undertaken and based on the same the results of the petitioners 3 would be declared.

All expenses required for conducting the Practical Examination shall be deposited by the petitioners’ as and when demanded.

The entire action for conducting the Examination and declaration of the result shall be completed within a period of 30 days from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands disposed of.

Certified copy as per rules.

(RAJENDRA MENON) (A.K.SHARMA) JUDGE JUDGE Aks/-