Navita Kumari vs University of Rajasthan and Others

Alok Sharma, J.

The case of the petitioner is that she passed her B.Com. Examination from the University of Rajasthan in the year, 2014. Thereafter she took admission into M.Com at J.B Shah Girls (P.G) College, Jhunjhunu.

Having studied for one academic year, she sought to fill the form for the M.Com. (P) Examination 2015. According to the petitioner, however owing to an error at the E-Mitra kiosk the fee deposited by the petitioner was recorded as for M.A. (P) English and thereafter to further compound the confusion even the examination form signed by the petitioner pertained for reason of her over-sight not to M.Com (Previous) but to M.A. (P) English. The College again acting negligently like the E-Mitra Kiosk and also the petitioner herself sent the examination form to allow the petitioner to write the M.A. (P) English Examination to the respondent University, even though she was a student of M.Com. (P). The error was noticed within a couple of days and the University so informed with a request for rectification and for allowing the petitioner to write the M.Com (P) Examination and not M.A. (P) English.

It is submitted that on 8.11.2014 the College forwarded the list of students eligible to write the M.Com (P) ABST Examination where the name of the petitioner as a regular student was indicated at S. No. 4. Yet the University did not make necessary corrections despite its public notification dated 4.2.2015 which allows errors in submission of examination forms to be rectified upto 12.2.2015 on deposit of Rs. 1,000/- as fee. It has been further submitted that aside of the petitioner, three other similarly situate students namely; Maya Kumari, Pratibha Joshi and Priyanka Swami also wrongly filled up their examination forms for courses contrary to the courses they were studying. A request for rectification was sent to the University by the College. Yet except the petitioner the error in the submission of examination forms by the aforesaid three students was rectified by the University.

Mr. R.A Katta appearing for the University submits that the University deals with about 12 lacs forms every year and it is for the students and their College to ensure that correct forms are submitted to the University. It is submitted that all responsibility for ensuring smooth functioning of the examination process, cannot be burdened on the University alone in view of the sheer number of students and number of examinations to be conducted by the University.

Heard. Considered.

From the record it transpires that the petitioner has passed the IIIrd year B.Com course. It is inconceivable that the petitioner in the circumstances could have been admitted to M.A. (P) English for which she was not eligible. It however appears that when the petitioner filled up her examination form of M.Com (P) and paid the fee therefor with the E-Mitra kiosks for reasons of the same examination fee, receipt for M.A. (P) English was issued. To compound the confusion the petitioner added to it by signing on a form relating not to M. Com.(P) but M.A. (P) English.

In view of sheer number of students writing the University examination and its limited capacity, it is incumbent both upon the students and the Colleges to ensure that correct information is supplied to the University pertaining to admission to any specific examination. In the instant case the petitioner as also the College were derelict in their requisite duty of care to ensure that correct information was sent to the University for issue of permission letter for the examination in the subject in which the petitioner had been admitted.

Yet in the facts of the case, in my considered opinion, the writ petition deserves to be allowed and is allowed. The respondent University is directed to allow the petitioner to write M.Com (P) Examination, 2015. Yet neither the petitioner nor the affiliating College can escape from their responsibility foisting this unnecessary litigation on the University. For this I deem it fit and proper to visit the petitioner with costs of Rs. 5,000/- and the College with costs of Rs. 20,000/- to be paid to the University within a period of four weeks from today.