Heard learned counsel for the petitioner, Sri Savitra Vardhan Singh, learned counsel for respondent nos.1 & 3 and Sri Devendra Kumar Rai and Sri Avanish Kumar Singh, learned counsel for respondent no.2, who have filed their vakalatnama which is taken on record.
The grievance raised by the petitioner before this Court was that he had enrolled himself for B.com course in the year 2017. He had unfortunately not cleared the second semester and was eligible to appear for back paper in two subjects. However, he thereafter, cleared the third semester and while he was undertaking the course of the fourth semester and in normal circumstances he was eligible to appear for the back paper of the two subjects of the second semester but on account of Covid-19 pandemic as the policy decision all the students of the fourth semester were promoted in the fifth semester. The petitioner had also appeared in the first unit test of the fifth semester and while he had approached the respondent no.2 for deposit of examination fee in respect of the fifth semester examination, the same was not accepted and in the aforesaid backdrop he had approached this Court.
The Court by means of the order dated 27.01.2021 as an interim measure considering that the last date of deposit of fee was 27.01.2021 had provided the petitioner the relief to deposit his fee. Notice including dasti summons were also issued to the petitioner to serve the respondent no.2 outside the Court.
In pursuance thereof, Sri Avanish Parihar has put in appearance and the learned counsel for the respondent no.2 submits that in so far as the petitioner is concerned he had cleared his first semester examination, however, he could not cleared two subjects in the second semester for which was eligible to appear for back paper examination alongwith the regular examination of the fourth semester. On account of Covid-19 pandemic a policy decision was taken that all the students of the fourth semester shall be promoted to the fifth semester and in this fashion the petitioner was granted the promotion. However, what is relevant to notice is the fact that he was also entitled to appear for the back paper for which the petitioner has not filled any form and it is for the aforesaid reason that as per the policy a person who has not cleared his first and the second semester is not admitted in the fifth semester.
It has been informed by Sri Parihar that petitioner has informed that he could not fill up the form for his second semester back paper for the reason that he was an out of station student and on account of certain unforeseen circumstances in his family which also occasioned the death of two members in the backdrop of the aforesaid, he could not fill in the form in time, a fact he has mentioned in the petition.
At this stage, it has been informed by the learned counsel for the petitioner that on account of the bereavement and unforeseen circumstances in the family he could not fill in the form for the back paper but the fact remains that the petitioner has already filled in the form for the fifth semester examination and as per the policy condition the petitioner was only required to fill in the form for the two subjects of the back paper but on account of Covid-19 pandemic he was not required to appear in any examination and he would have been promoted and in this fashion the petitioner is entitled to appear in the fifth semester examination.
Sri Parihar very fairly submits that if at all the petitioner would have filed in the form for the back papers then in such circumstances he would have been entitled but as the petitioner has not filled the form, therefore, he is not entitled to the aforesaid benefit.
Considering the rival submissions and the fact that the petitioner has filled in the examination form for the fifth semester and only on account of non-filling of the form despite the policy decision that he was not required to appear and he would have been permitted to be promoted and entitled to take the fifth semester examination, in these peculiar circumstances as well as to prevent any further hardship and to arrest any complication in the future prospect of the petitioner, this Court provides that in case, if the petitioner fills in the form for the two back papers of the second semester within a period one week from today, the respondent no.2 shall accept the same and shall do the needful to enable the petitioner to deposit the examination fee for the fifth semester examination, the back paper examination in two subjects as well as the admission fee for the third year (which includes the fifth and sixth semester).
It is made clear that the aforesaid order has been in the peculiar circumstances and it shall not be treated as a precedent.
With the aforesaid, the petition is disposed of.
Order Date :- 29.1.2021/Ashok Gupta