Harshit Sharma vs State Of H.P. & Others

Jyotsna Rewal Dua, J

Notice. Mr. R.R. Rahi, learned Deputy Advocate General and Mr. Surender Verma, learned Counsel, waive service of notice on behalf of

respondents No. 1 & 3 and respondent No. 2, respectively.

In view of the nature of order to be passed hereinafter, no reply is necessary to be called from the respondents.

Heard learned Counsel for the parties.

The petitioner appeared in B.Sc. (Non-medical) 1st Year Examination held in April, 2019. The result of the same was declared in September, 2019.

The petitioner was shown to have failed in three subjects i.e. Chem 101, Chem 102 and Maths 101TH. He applied for re-evaluation in all these three

subjects. The result of re-evaluation was declared on 13.02.2020. The petitioner was shown to have passed Chem 102 paper. His original result of

failure in the other two subjects remained as it was.

Learned Counsel for the petitioner contends that having failed in two papers out of total eight papers, petitioner had technically ‘passed’

B.Sc. 1st Year examination and, therefore, was eligible to be promoted to the next higher class i.e. B.Sc. 2nd Year. Learned Counsel further

submitted that in terms of a Policy decision of the Government taken in view of the Covid-19 Pandemic, all the students, without taking examination

were to be promoted to the next higher classes. Petitioner who had passed the B.Sc. 1st Year examination, though his result was declared later, was

also eligible to be considered as a student of 2nd Year and in view of the aforesaid Government Policy decision, he was not required to take the 2nd

Year examination. Learned Counsel for the petitioner contended that the petitioner, as such, is now eligible to appear for the 3rd Year examination for

which the respondent/University has now called for the examination forms. Learned Counsel further submitted that representations sent in this regard

through E-mail by petitioner to the respondents have not been responded. On the basis of these submissions, instant writ petition has been filed for the

following prayers:

“(I) That a writ in nature of mandamus may very kindly be issued to the respondents Nos. 2 and 3, to allow the petitioner to fill in examination

forms for B.Sc. (Non-Medical) 3rd year examination, for which last date is 20.2.2021 and also allow him to appear in the final year examinations to be

held in March/April, 2021.

(II) That respondent No. 2 may be directed to declare the result of revaluation of Chem101 paper of the petitioner of first year, for which he had

applied for revaluation in September, 2019.â€​

Mr. Surender Verma, learned Counsel for the respondent/University, on the basis of the instructions imparted by the respondent/University

submitted that the re-evaluation result of the petitioner was declared as a result of which the petitioner was placed in compartment in the 1st Year. He

became eligible to study in 2nd Year and should have taken admission in 2nd Year in the college concerned. The written instructions imparted are

extracted hereinafter:

“That the candidate having failed in three subjects have applied for re-evaluation.

That the re-evaluation result of the candidate has been declared in two subject and as such he got compartment and became eligible to sit in 2nd year

and should have taken admission in 2nd year in the college concerned.

The University has decided to promote the students in view of COVID â€" 19 situation.

The University vide its notification dated 6.2.2021 has allowed the students who could not fill up their examination forms for 1st or 2nd year under

annual system to fill up their examination forms with a normal fee and a late fee of Rs. 1200/- the re-evaluation as per Ordinance 6.70 is not a time

bound process.â€​

Smt. Asha Verma, Deputy Registrar (Exams), Himachal Pradesh University, is present in Court and has assured to look into the grievance of the

petitioner as projected in the petition in light of the applicable Rules/Instructions/Ordinances/Guidelines in force before the cut off date of 15.2.2021

(as informed by her). Considering the urgency projected in the matter, the respondent- University (Respondent No. 2)/competent authority is directed

to look into the grievances of the petitioner raised in this petition and to take appropriate decision thereupon in accordance with law by 14th February,

2021 and communicate the same to the petitioner. Liberty is reserved to the petitioner to take recourse to appropriate remedy available to him in

accordance with law in case he still feels aggrieved.

Petition stands disposed of in the aforesaid terms. Pending miscellaneous applications, if any, also stand disposed of accordingly.

Copy dasti.