Disposed

Ashutosh Shukla v. Veer Bahadur Singh Purvanchal Vishwavidyalaya and 2 Others

Allahabad HC8 May 2018WRIC/15655/2018

Case brief

AI extract

What is this about?

Petitioner, a student injured in an accident, sought to appear in the fourth semester as a carry-over student after failing practicals. The court noted Rule 10 applied only to theory papers and refused the writ prayer in the absence of provisions for practicals, leaving the matter open for compassionate review by the university.

What did the court decide?

Writ petition disposed of; prayer to appear provisionally denied, subject to university's compassionate review.

Ashutosh Shukla Vs Veer Bahadur Singh Purvanchal… — Education and Admissions | Allahabad HC (2018)

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Court No. - 19

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Case :- WRIT - C No. - 15655 of 2018 Petitioner :- Ashutosh Shukla Respondent :- Veer Bahadur Singh Purvanchal Vishwavidyalaya And 2 Others

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Counsel for Petitioner :- Vinod Mishra Counsel for Respondent :- Dhananjai Singh Yadav

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Hon'ble Manoj Kumar Gupta,J.

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The petitioner, who is student of M.Ed. from Handia P.G. College, Handia, Allahabad, which is affiliated to Veer Bahadur Singh Purvanchal Vishwavidyalaya, Jaunpur, could not appear in the third semester practical examination comprising of dissertation and field engagement. The case of the petitioner is that he met with an accident, in which he received serious injuries in his leg, as a result whereof, he could not appear in the practical examination. The petitioner has, therefore, filed the instant petition seeking a mandamus commanding the respondent University to permit him to appear in the fourth semester examination provisionally as a carry forward student.

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The Controller of Examination, in compliance of orders of this Court dated 2.5.2018 and 7.5.2018, has filed his personal affidavit, in which the stand taken by the University is that under Rule 9 if a student fails in dissertation, internship or field engagement, he/she will be declared failed in the semester and will be required to re-enroll as a regular student in the semester. In case he/she fails again, his/her candidature will be cancelled.

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Sri Vivek Verma, learned counsel appearing on behalf of the University submitted that in the absence of any provision to provisionally permit a candidate, who had failed to pass practical examination even on the ground of absence, it would not be possible for the University to accede to the request of the petitioner to appear in the next semester examination.

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Counsel for the petitioner placed reliance on Rule 10 in contending that the petitioner could be permitted to appear in the next semester exam as a carry over student.

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The relevant Rules read as under:-

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"9. Each semester shall only show pass index but in IVth semester division will be shown such as Ist (60 and above 60%), IInd (50 to under 60%) and IIIrd (40 to under 50%). Minimum 40% marks obtained in (evaluation, assignment/ sessional, dissertation, internship and filed engagement put together) and 50% in aggregate of the whole semester put

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together for a pass. If any candidate fails (below 50% marks) in Dissertation, internship and filed engagement he/she will be declared fail in the semester and will be required to reenroll as a regular student in the semester. In case he/she fails again his/her candidature will be cancelled.

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10. If a candidate fails in one theory paper, he/she may be permitted to appear in a category of 'carry-over' in the successive respective odd/even semester along with his/her usual semester. Only one chance will be given to such cases. The final result of such candidates will be declared only after passing of the paper in which he/she was detained. If a candidate fails in more than one theory paper of a semester the entire semester will have to be repeated."

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A perusal of Rule 10 reveals that it applies only in respect of theory paper and not a practical paper, which is governed by Rule 9 and whereunder there is no provision permitting a student to appear as a carry over student.

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In the absence of any provision, this Court declines to entertain the prayer. However, it is left open to the petitioner to represent to the University and in case any departure is permissible on compassionate grounds, the request may be considered by the concerned authority sympathetically.

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Subject to the aforesaid observations, the writ petition stands disposed of.

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(Manoj Kumar Gupta, J)

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Order Date :- 8.5.2018 SL

Ashutosh Shukla v. Veer Bahadur Singh Purvanchal Vishwavidyalaya and 2 Others

Case brief

What is this about?

What did the court decide?

Ashutosh Shukla v. Veer Bahadur Singh Purvanchal Vishwavidyalaya and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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