Disposed

Abhay Das and Anr. v. State of West Bengal and Ors.

Calcutta HC17 Aug 2021WPA/8610/2021

Case brief

AI extract

What is this about?

In this writ petition, students admitted offline in violation of University of Burdwan rules sought participation in exams. The single judge directed the University to regularize their admission and permit exam appearances while reserving the right to act against the erring college, explicitly stating this order is not a precedent.

What did the court decide?

Direct the University to regularize admission and permit participation in subsequent examinations; reserve liberty to take steps against the college.

Abhay Das and Anr. Vs State of West Bengal and Ors. — Education and Admissions | Calcutta HC (2021)

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Item No.7

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In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference)

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17.08.2021 Ct-24

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WPA 8610 of 2021 Abhay Das & Anr.

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The State of West Bengal & Ors.

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Mr. Indranil Roy Mr. Sunit Kumar Roy … for the petitioners.

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Mr. R.N. Chakraborty Ms. Era Ghosh … for the University.

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Mr. Suman Banerjee … for the respondent no. 7.

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Affidavit-in-opposition filed by the University and

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the reply thereto by the petitioner filed in Court today are taken on record.

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The writ petition has been filed by two students/petitioners by putting in only one Court fees.

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The learned advocate-on-record of the petitioners is given liberty to deposit the deficit Court fees in course of the day. In the event, deficit Court fees are not paid by today, the order passed herein shall be restricted in respect of the petitioner No.1 and the writ petition shall be deemed to have been dismissed in respect of the rest.

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The petitioners took admission in the four years’ integrated B.A. B.Ed/B.Sc. B.Ed Course in the Labpur Teachers’ Training Institute, Birbhum, a college affiliated to the University of Burdwan.

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According to the admission regulations of the University of Burdwan, admission in the colleges are to be made only in the online mode.

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In the instant case, the petitioners got themselves admitted in the offline mode.

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Pursuant to the notice of the University of Burdwan dated September 15, 2020 to all the Principals of the Colleges teaching four-years’ integrated B.A./B.Sc. B.Ed course, 2019-2023 session the college forwarded the documents of the petitioners and all other students to the University and Registration Certificate was duly issued in their favour. The examination schedule of the first and second semester examinations was published in March 2021. The admit cards of the petitioners were not supplied to them allegedly on the ground that they took admission offline.

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The petitioners approached this Court by filing the instant writ petition and by order dated March 26, 2021 the Court permitted the petitioners to participate in the online examination and the answer-scripts were directed to be kept in the custody of the University till the disposal of the writ petition.

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By further order dated July 13, 2021 the Court directed that the University may proceed to evaluate the answer-scripts of the students if there is no legal bar in doing so.

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It has been submitted in Court that the result of the first and second semester examinations have not been published till date.

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The examination schedule for the third and fourth semester examinations has been published by the University. The dates for filling up the forms are August 18, 2021 to August 19, 2021. The petitioners apprehend that they will not be permitted to fill in the forms for appearing in the third and fourth semester examinations.

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The learned advocate representing the University strenuously contends before the Court that the admission procedure of the University clearly lays down that the admission has to be done online. The college ought to have followed the procedure laid down by the affiliating University and should not have permitted the students to take admission offline.

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It has been submitted that the Registration Certificates were issued to the petitioners by mistake and it is open for the University to rectify the said mistake. The learned advocate relies upon several

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decisions of the Hon’ble Supreme Court on this settled proposition of law.

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The University further submits that if any order is passed in favour of the petitioners herein, the same will set up a precedent and the colleges will find out means to admit the students in the offline mode by not following the regulations of the University.

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The learned advocate appearing for the college submits that as 2019 was the first year when affiliation was granted to the college by the University, accordingly, there was some delay in admitting the students.

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It has further been submitted that there are hundred seats to be filled up and only eight students were initially admitted in the online mode. As there were enough vacancies to be filled up and the students had the eligibility criteria for admission, accordingly, the college permitted the students to be admitted offline.

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It has been submitted that the college duly forwarded all the documents of the petitioners to the University and after scrutinizing all the documents the University issued the Registration Certificates to the candidates.

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The petitioners rely upon an unreported order dated August 3, 2021 passed by this Court in WPA No. 8836 of 2021 (Priyanka Kumari & Anr. vs. The State of West Bengal & Ors.). In the said matter the Court

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directed the University of Burdwan to take necessary steps to consider the prayer of the petitioners for regularization of their admission and for grant of Registration Certificate in their favour.

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Liberty was given to the University to take steps against the erring college for not following their rules and regulations relating to admission of students.

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The Court further directed that the order shall not be treated as a precedent by the college for taking admission of students in future contrary to the rules and regulations fixed by the affiliating University.

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In Priyanka Kumari (supra) the students were admitted offline by the self-financed B.Ed college. In the present case also the petitioners have been admitted offline by the self-financed college. In the earlier writ petition the University did not issue the Registration Certificates as the candidates were admitted offline. In the instant case though the candidates were admitted offline the University issued Registration Certificate in their favour.

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The petitioners herein possess the minimum eligibility criteria for admission and Registration Certificates have already been granted in their favour by the University. The petitioners have appeared in the semester 1 and 2 examinations. 2019 was the first year when the college got affiliation from the University and

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thereafter admitted the students as there were enough number of vacancies.

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Prior to taking admission of students in the offline mode the college ought to have obtained necessary permission from the University as the admission rules of the University requires candidates to be admitted in the online mode. The college has certainly flouted the said regulation of the University. The candidates cannot be solely faulted for taking admission in the offline mode.

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However, keeping in mind that the students have spent two years by attending the classes and participating in the semester examinations and that Registration Certificates have also been issued in their favour by the University, accordingly, the University is directed to regularize the admission of the students and permit them to take part in the subsequent semester examinations.

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The University will be at liberty to take steps against the college for not following their rules and regulations relating to admission of students.

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It is made clear that this order shall not be treated as a precedent by the college for taking admission of students in future contrary to the rules and regulations fixed by the affiliating University.

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The writ petition stands disposed of.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

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(Amrita Sinha, J.)

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Sh/dp

Abhay Das and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Abhay Das and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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