The High Court dismissed a writ petition against the University of Rajasthan. The petitioner sought to carry forward credit from a passed paper in 2016 to clear a failed paper in 2017. The Court held that university Ordinances required passing all papers at once in any given year and refused the relief.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.701/2018
Shekhar Sharma S/o Shri V.K. Sharma, 771, "Asha-Villa", Mahaveer Nagar, Durgapura, Jaipur - 302018 ----Petitioner
Versus
University of Rajasthan Through Vice Chancellor, Jawahar Lal Nehru Marg, Jaipur - 302004 ----Respondent
For Petitioner(s) : Mr.Shekhar Sharma, petitioner in person. For Respondent(s) : Mr.Rachit Sharma.
HON'BLE MR. JUSTICE ALOK SHARMA Order
16/02/2018
The petitioner’s case is that the respondent-University be directed to consider petitioner’s 42 marks obtained at the examination 2016 in P.G. Diploma in Criminology and Criminal Administration (hereinafter ‘DCL’) in paper no.VI—Elements of Criminal Procedure & Proof in Criminal Trial for the purpose of his passing the DCL examination 2017 and consequently he be declared entitled to the P.G. Diploma in issue.
The facts of the case are that the petitioner appeared in the six papers in the P.G. DCL examination 2016 with Roll No.1285142. He passed five but failed in one Paper i.e. the IIIrd relating to Penology having obtained only 20 out of 100 marks as against the minimum 40 marks. Revaluation brought no luck. The petitioner thereafter re-appeared in all the six subjects/papers the P.G. DCL examination 2017 with Roll No.27251. Again he passed only in 5 of the 6 subjects, this time failing in Paper-VI— Elements of Criminal Procedure & Proof in Criminal Trial. A shot at
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revaluation resulted in no improvement in the mark in the subject in issue. The result of fail in DCL, 2017 held.
The Ordinances of University of Rajasthan relevant to the P.G. DCL do not proscribe supplementary examination in back paper/s submitted the petitioner appearing in person. He submitted that having passed Paper-VI in the P.G. DCL examination of 2016, that credit be carried forward to the P.G. DCL examination of P.G. DCL 2017 and he be declared pass as the question of proficiency of the petitioner in the subject in issue cannot arise in the circumstances.
Mr.Rachit Sharma appearing for the respondent-University of Rajasthan (hereinafter ‘University’) submitted that the one year diploma in DCL is governed by the relevant Ordinances wherefom it is evident that a candidate can, having pursued a regular course of study for one academic year at a college affiliated to the answering respondent-University, has to appear in all subjects at one go and pass. He drew the court’s attention to Ordinance 256-T which provides that every candidate for the P.G. DCL shall be permitted to appear at the examination after having pursued a regular course of study for one academic year at an affiliated college. Reference was also made to Ordinance 256-V which provides that candidates failing to take or pass in the P.G. DCL will not be allowed more than two changes as external students, at the examination and these too in the two succeeding years. And only that failed candidates who did not pass all six subjects at one go are not required to rewrite and resubmit their dissertation if they had passed the same earlier securing at least 45% marks
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therein. Mr.Rachit Sharma submitted that it is thus evident from the reading of the Ordinances 256-T and 256-V that a candidate must obtain minimum 40% marks in all the six theory papers in P.G. DCL and 48% marks in total aggregate at one examination to be declared pass aside of securing a positive on his dissertation. He submitted that as the Ordinances of the University of Rajasthan pertaining to the P.G. DCL do not provide for supplementary examination for any back papers it cannot be claimed as a common law right or even in equity. And the petition seeking enforcement of a non-existent purported right be dismissed.
Heard. Considered.
Admission to the University of Rajasthan or otherwise to any educational institution of higher learning is not an inherent right but a right regulated by the governing statutes. So is the right to write an examination and be declared passed therein.
In the instant case, a reading of the Ordinances 256-T and 256-V indicates that a candidate to obtain pass in P.G. DCL has to pass all the six theory papers at one go with prescribed percentages and aggregate. No provision has been brought to the notice of this court with regard to holding of supplementary exams in P.G. DCL. The only provision for carrying forward the performance of the earlier examination in which candidate has failed is with respect to dissertation if the candidate has earlier been evaluated therein securing at least 45% marks. The petitioner thus has no right de hors the Ordinances as claimed to seek a direction from this court to treat his performance/credit in
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Paper-VI of P.G. DCL at the examination of 2016 as relevant to declaring him pass in the P.G. DCL examination of 2017— notwithstanding his admitted failure in the subject at the examination of 2017.
Even otherwise I am of the considered view that the petitioner is estopped by his conduct from claiming the relief prayed. Having failed PG DCL examination 2016 for not passing Paper-III Penology, the petitioner did not admittedly claim that he was entitled to write the paper in the said subject of Penology in the supplementary examination. He instead wrote of all the papers in six subjects in the P.G. DCL examination 2017. The petitioner in the circumstances was aware of the legal position which obtains and adverted to Mr.Rachit Sharma counsel for the University. It was only after having failed in the revaluation of Paper-VI in the examination 2017, he has as an afterthought filed this petition.
It is also well-settled that in academic matters the courts cannot resort to equity over the governing Ordinances. The view of the competent authority endowed expertise in matters of educations has to be given the highest regard unless it is palpably arbitrary or mala fide. This is not so in the instant case. The court cannot therefore issue a direction to treat the petitioner’s performance Paper-VI— Elements of Criminal Procedure & Proof in Criminal Trial in P.G. DCL examination 2016 as relevant to his passing the P.G. DCL examination in 2017 where he has failed in said Paper both initially and after revaluation. To take a humanitarian view, would be in breach of law. It would also interfere with the authority of those administrating educational
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institutions as per notified Ordinances and dilute the standards of education. It is universal knowledge that the standards of education in the State of Rajasthan are not in the pink of health and this court cannot contribute to their worsening by entertaining petitions contrary to provisions of the governing Ordinances.
The petition stands dismissed.
(ALOK SHARMA)J.
Karan/80
2 issues framed by the court
Whether a petitioner can claim a right to carry forward credit of a previously passed paper to declare pass in a subsequent academic year when ordinances require all papers to be passed at one go.
Whether a court can issue a direction in academic matters contrary to the governing Ordinances of an educational institution.
Shekhar Sharma
University of Rajasthan Through Vice Chancellor
Allok Sharma
As recorded by the court registry
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