Kunal Kumar vs State Of Jharkhand And Ors

The present writ petition is taken up today through Video conferencing.

At the request of learned counsel for the petitioner the defects, as pointed out by the office, are ignored.

The present writ petition has been filed for issuance of direction upon the respondents to allow the petitioner to appear in Second Semester Special Examination, 2021 (Session 2015-18) for the subject History (GE) which is scheduled to be held from 20th March, 2021 keeping in view that if the petitioner is not allowed to clear said second semester paper, his entire academic carrier under session 2015-18 will be jeopardized.

The learned counsel for the petitioner submits that the petitioner is a student of B.S.K. College, Maithon, Dhanbad pursuing his course of B.A.(Honours) Geography having registration number A-H1571078/2015 initially registered under Vinoba Bhave University, Hazaribag for the session 2015-18 having roll no.160151020337/462. The course of B.A. (Honours) Geography comprises of three years divided in six semesters. The petitioner successfully passed 1st, 3rd, 4th, 5th and 6th semesters, however, he could not clear 2nd semester as he failed in History (GE) paper of the said semester. The petitioner had the opportunity to clear the said backlog paper in two consecutive attempts but he could not appear in the first attempt and at the time of second attempt, though he paid examination fee on 29th April, 2019 yet he was advised by the officials of B.S.K. College Maithon, Dhanbad to fill up the form with the regular students of second semester and thus they did not allow him to fill up the said form as an irregular student. Thereafter, the petitioner, as per the advice of the officials of the said college, filled up his form with the regular student of 2nd semester examination to clear his backlog paper of History (GE), however, no admit card was issued to him. In the meantime, the Vinoba Bhave University, Hazaribag got bifurcated and B.S.K. College, Maithon, Dhanbad came under the jurisdiction of the newly created Binod Bihari Mahato Koyalanchal University, Dhanbad (in short "BBMKU"). Accordingly, mark-sheet of 5th semester was issued to the petitioner by the said university. Subsequently, BBMKU introduced a revised programme for B.A./B.SC/B.Com 2nd Semester Special Examination 2021 for the session 2015-18 which is scheduled to be held from 20th March, 2021 in which the petitioner is eligible to appear so as to clear his backlog paper of History (GE).

It is further submitted that the petitioner, due to poor financial condition of his family owing to COVID-19 pandemic, was compelled to work as a labourer and therefore he belatedly came to know that the date of submission of examination form for 2nd Semester Special Examination 2021 was from 16th December to 22nd December, 2020. Under the said circumstance, the petitioner could not fill up the form for the special examination of 2nd semester. The petitioner is, however, willing to appear in the same so as to clear his backlog paper of History (GE) for 2nd semester. The petitioner admits that he should have been more vigilant about the date announced by the BBMKU for filling up the form for 2nd Semester Special Examination 2021, however, keeping in view the carrier of the petitioner, he may be permitted to appear in the said examination, so that his future prospects may not be jeopardized.

Mr. Anoop Kumar Mehta, learned counsel appearing on behalf of the respondent nos.4 and 5 submits that the 2nd Semester Special Examination 2021 is being held by the BBMKU considering the carrier and prospects of the students, who were not able to clear any of their papers of the said semester. The petitioner not being vigilant enough has missed the date for filling up the form for the said examination and therefore he is solely responsible for the present situation.

Heard learned counsel for the parties.

No doubt, the petitioner has admitted his negligence in not filling up the form of 2nd Semester Special Examination 2021, however, he has stated in the writ petition that he being the sole earning member in his family was compelled to work as a labourer for earning the livelihood owing to COVID-19 pandemic situation. Under the said circumstance, he has prayed before this Court to allow him to appear in the said examination to clear his backlog paper of History (GE).

Considering the facts and circumstance of the case, this Court is of the view that the petitioner should be given an opportunity to appear in 2nd Semester Special Examination 2021 scheduled to be held from 20 th March, 2021. Hence, following direction is being issued :-

i. The petitioner shall appear before the Controller of Examinations, BBMKU-the respondent no.5 tomorrow at 11:00 A.M. along with his photographs and required documents;

ii. The petitioner having appeared before the respondent no.5, will be given the examination form which shall be filled up and submitted by him along with requisite fee for the same; and iii. On completing the said formality/requirement, the respondent no.5, shall issue an admit card on the same date to the petitioner, allowing him to appear for History (GE) paper in 2nd Semester Special Examination 2021.

The writ petition is, accordingly, disposed of with aforesaid direction.