Under Article 226 of the Indian Constitution, the High Courts cannot direct universities to conduct fresh examinations: Allahabad High Court.

Court No. 9 Case : WRIT C No. 174121 Petitioner : Kenisha Singh Jeet Respondent : State Of U P And 5 Others Counsel for Petitioner : Arvind Srivastava Iii Sanjeev Counsel for Respondent : C.S.C. Rohit Pandey Vindhya Vashini Prasad Rai Hon ble Mrs. Manju Rani Chauhan J Heard Mr. Arvind Kumar Srivastava III learned counsel for the petitioner Mr. Asheem Mukherjee learned Standing Counsel for the State respondents Mr. Rohit Pandey learned counsel for the respondent University and Mr. V.P Rai learned counsel for the respondent institution This writ petition has been filed by the petitioner for a writ of mandamus commanding the respondent nos. 5 and 6 to rectify their mistake by verifying the examination form of the petitioner upload the admit card of the petitioner on website and permit him to appear in the final M.A.Main Exam 2021 as per the updated schedule dated 7th July 2021. He further prays for a direction upon the respondent nos. 5 and 6 to conduct fresh examination of the petitioner in respect of finalExamination ScheduleM.A Final Year) Main Exam 2021 as per the updated schedule dated 7th July 2021 Counter and rejoinder affidavits have been exchanged between the parties and they agree that this petition may be finally decided without calling for any further affidavit. In the present petition it is the case of the petitioner that the petitioner is a student of 2nd year of M.A. English of respondent institution namely Hindu College Moradabad U.P. which is affiliated to respondent University namely Mahatama Jyotiba Phule Rohilkhand University Bareilly The petitioner got enrolled in the M.A. course in the respondent college in the year 2019 and was duly promoted in the main examination which was held in the year 2020 of M.A. First Year. Thereafter the petitioner submitted the admission form for the academic session 2020 2021 wherein the petitioner was allotted form no 2100206287 and she also submitted the examination fee of Rs. 1 000 as well as the other charges online on 8th March 2021 It is further case of the petitioner that it is the procedure adopted by the respondent University that the entire fees and the relevant forms are to be deposited online through the portal of the respondent University thereafter the papers of the candidates concerned are to be forwarded by the respondent college to the University along with the hard copies of admission forms and respective details After the deposit of the fees the payment status of the online fees of the petitioner was shown to be successful hence the petitioner drew an impression that the obligation on the part of the petitioner which was to be exercised had been diligently discharged and the onus now has been shifted on the college concerned i.e respondent no.6 to forward the relevant form as well as other details to the respondent University. After the examination schedules were notified for the academic session 2020 2021 on 8th July 2021 the petitioner visited the portal of the respondent University to find out her admit card but she was surprised to see that the verification status of the petitioner was shown as Unverified i.e. "May not be received at college English I Nineteenth Century English Poetrywas scheduled for 24th July 2021 the petitioner tried to download her admit card on 20th July 2021 but on the portal of the respondent University the status of the petitioner was shown as unverified due to which the admit card of the petitioner could not be downloaded on 20th July 2021. Immediately thereafter the petitioner approached the college concerned on the very same day i.e. 20th July 2021 and the petitioner narrated the entire facts as stated above to the administration of the respondent college and gave the details upon which the administration of the respondent college assured her that they will get it rectified. Since the administration of the respondent College fairly accepted their fault and admitted that they had not uploaded the petitioner s form properly into the verified system of the It is further case of the petitioner that since the respondent college had the obligation to upload the form of the student concerned in the verified system of the respondent University and once the petitioner had uploaded the admission form and deposited the requisite fees online on 8th March 2021 then it was the responsibility of the respondent college to forward the same to the respondent University. However the administration of the respondent college failed to do its promise and did not get the mistake rectified by uploading the petitioner s form on the portal of the respondent University and hence the petitioner could not be issued the admit card for the examination dated 24th July 2021 and now the second paper scheduled to be held on 27th July It is also the case of the petitioner that in case the petitioner is not provisionally allowed to appear in the examination of M.A. final year the entire hard work of the petitioner will go in vain and she will be made to suffer for no fault of her own. Now one paper has already been held on 24th July 2021 in which the petitioner was not permitted to appear in absence of issuance of admit card on the fault of the respondent college. Petitioner prays that if the petitioner is permitted to appear in her examinations which are going to be held on 27th July 2021 in that case the petitioner will have an option to appear in back paper examination for the subject examination which was held on 24th July 2021 The present writ petition has been presented before the Court on 26th July 2021 and the petitioner has not been granted any interim order and she has not been permitted to appear in the examinations provisionally which were scheduled to be held on 26th July 2021 onwards. At present the examinations are over Today learned counsel for the petitioner submits that the petitioner has duly discharged her obligation and submitted the online form and thereafter submitted the hard copy of the same before respondent college and from the subsequent checking of the status of her form from the website of the respondent University it was revealed that the fee paid by the petitioner was successfully received by the respondent University and at that point of time no intimation or warning whatsoever was communicated to the petitioner either by the University or the respondent Learned counsel for the petitioner further submits that since the petitioner had duly submitted the online admission form within time i.e. on 8th March 2021 and thereafter on the very same day the hard copy was submitted before respondent college it was obligatory on the part of the respondent college to forward it to the University concerned and now the fact of the matter is that without any fault on the part of her own the petitioner has been denied the opportunity to appear in the final year examination which were scheduled from 20th July 2021 to 4th August 2021 meaning thereby that it is a loss of whole academic year to the petitioner. On the cumulative strength of the aforesaid learned counsel for the petitioner therefore submits that since there is no fault on the part of the petitioner seeing the precious time and bright career of the petitioner this Court may direct respondent University to conduct special or fresh examination for the petitioner so that the petitioner may save her precious time for the academic session 2020 2021 otherwise the petitioner would be forced to appear in the examination which will be held for the academic session 2021 2022 and in that circumstances the petitioner shall suffer huge mental agony and academic loss without any fault on her part. In reply Mr. Rohit Pandey learned counsel for the respondent University submits that as per the procedure the candidate has to submit his online examination form and deposit the examination fee for appearing in the examination. After submitting online application form the candidate is required to download its hard copy and submit the same to the college and the college inturn is required to forward the examination form of the candidate along with other details to the University. In the present case the petitioner has submitted her online application form but her document was not forwarded by her respondent college. Upon making enquiry from the respondent college it was informed by the Principal of the respondent college that the petitioner has not submitted her online examination form to the respondent college within the prescribed time i.e. before 3rd July 2021 therefore her examination form along with other details was not forwarded to the respondent University. He submits that in that regard a communication dated 26th July 2021 was also sent by the Principal of the respondent college to the respondent University. Learned counsel for the respondent University therefore submits that since the petitioner was required to submit her online application form to the respondent college which she did not make within time due to which the respondent college did not forward the same to the respondent University she cannot be allowed to appear in the examination at such belated stage inasmuch as the examination is already over. He also submits that for only one student there is no provision or procedure known to law as applicable to the respondent University to conduct special or fresh examination therefore this Court under Article 226 of the Constitution of India cannot direct the respondent University to conduct fresh or special examination of the petitioner only which is Learned counsel for the respondent College submits that the submissions made by the learned counsel for the petitioner cannot be accepted as they do not bear the truth. He further submits that it is the procedure that the college duly informs the students about the steps of admission and examination form every year. The student has to fill up the examination form on the portal of the University and collect the printout or hard copy of the same to be submitted to the college and the college thereafter forwards the same to the University for further proceedings. The college issues notices directions regarding the admission and examination forms and displays the same on the notice board from time to time to let the students be informed about the necessary proceedings or steps to follow. In the academic session 2020 2021 also the college followed the same procedure The notice regarding the examination form was served to the students on 25th February 2021 asking them to fill up the examination forms on the portal of the University and submit the hard copy of the same to the college. Moreover a reminder was also issued to the students to submit the hard copy of their examination forms in time. Meanwhile the students were also informed by the faculty members to fill up their examination form in time to avoid any inconvenience. As a result thereof 109 students submitted the hard copy of the examination forms to the college by last date. The details of which have duly been recorded in the register concerned. But very surprisingly the petitioner failed to submit the hard copy of the examination form so that it could be forwarded to the University. Therefore the plea of the petitioner that she drew an impression that the obligation on her part which was to be exercised had been diligently discharged and now the onus shifted to the college i.e. respondent college to forward the relevant form and other details to the respondent University has no force hence the same is liable to be rejected. On the cumulative strength of the aforesaid learned counsel for the respondent college submits that the present writ petition does not warrant any interference as she is not entitled to any relief and the same is liable to be dismissed I have considered the submissions made by the learned counsel for the parties and have examined the records of the present writ petition Two issues arise for consideration before this Court 1. Whether the petitioner has submitted the hard copy of the examination form along with other details before the respondent college within the time specified or not and 2. Can this Court in exercise of powers under Article 226 of the Constitution of India direct the respondent University to conduct fresh or special examination of M.A. Final year of the petitioner only Qua the first issue when this Court required the learned counsel for the petitioner to show any record on the basis of which it can be established that the petitioner after uploading the examination form along with other details from the portal of the University has submitted the same before the respondent college within the time specified in reply learned counsel for the petitioner has failed to produce or show the same. No such documentary proof has been produced before this Court on behalf of the petitioner from which it is established that the petitioner has submitted the hard copy of the admission form along with other details to the respondent college within time. Qua the second issue no provision known to law has been placed before this Court on the basis of which this Court in exercise of power under Article 226 of the Constitution of India can direct the respondent University to conduct fresh or special examination of M.A. Final Year of the petitioner only when as matter of fact that the same is already over In view of the aforesaid this Court is not inclined to interfere in the present writ petition. However considering the peculiar facts and circumstances of the case specifically the bright future of a student like the petitioner this petition is disposed of by providing that in case the petitioner submits her examination form along with examination fee and other details as required on the portal of the respondent University for M.A. final year Session 2021 2022) within the time specified on the said portal and after downloading the hard copies of the same she submits the same before administration of the respondent college the respondent college shall forward the same to the respondent University in case there is no legal impediment. On receipt of the same the University after completing necessary formalities shall issue online admit card of the petitioner on its portal so that the petitioner may download the same and appear in M.A. final year examination for the academic session 2021 2022 Order Date : 26.10.2021 Manju Rani Chauhan J

Summary: There is no provision known to the law on the basis of which a court in exercising powers granted to it under Article 226 of the Indian Constitution can direct universities to conduct fresh or special examinations when as a matter of fact they are already over. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Mrs. Manju Rani Chauhan in the matter of Kenisha Singh Jeet vs State Of U.P. &amp; ors [ WRIT – C No. – 17418 of 2021] on 26.10.2021. 
The case revolved around the non-issuance of an online admit card due to which the petitioner was not allowed to sit in his M.A. Final Examination. It is the contention of the petitioner that she on 08.07.2021 submitted the fees of the and filled the examination and submitted the hard copy of the same to her concerned college authorities as per the regular procedure. The same was liable to be forwarded to the university by the college authorities. When the petitioner tried to download her Admit card on 20.07.2021, pending her examination on 24.07.2021, she was astonished to find that her Admit Card was not issued. Upon perusal, with the college authorities, she found that there has been some mistake which would be rectified but was never. On the other hand, it was the contention of the university that the petitioner had not submitted the hard copy of the examination form in due time due to which it was not sent to the university, following the non-issuance of the online Admit Card.

The Hon’ble High Court observed that there is no documentary evidence on record or in possession of the petitioner that she has submitted the hard copy in due time as stated by the university.

Additionally, The Hon’ble High Court also observed: “no provision known to the law, has been placed before this Court on the basis of which this Court, in the exercise of power under Article 226 of the Constitution of India, can direct the respondent-University to conduct a fresh or special examination of M.A. Final Year of the petitioner only, when as a matter of fact that the same is already over .”

Finally, the Hon’ble High Court dismissed the appeal in view of the aforesaid objections.
Click Here To Read The Judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 The case revolved around the non-issuance of an online admit card due to which the petitioner was not allowed to sit in his M.A. Final Examination. It is the contention of the petitioner that she on 08.07.2021 submitted the fees of the and filled the examination and submitted the hard copy of the same to her concerned college authorities as per the regular procedure. The same was liable to be forwarded to the university by the college authorities. When the petitioner tried to download her Admit card on 20.07.2021, pending her examination on 24.07.2021, she was astonished to find that her Admit Card was not issued. Upon perusal, with the college authorities, she found that there has been some mistake which would be rectified but was never. On the other hand, it was the contention of the university that the petitioner had not submitted the hard copy of the examination form in due time due to which it was not sent to the university, following the non-issuance of the online Admit Card. 
The Hon’ble High Court observed that there is no documentary evidence on record or in possession of the petitioner that she has submitted the hard copy in due time as stated by the university.

Additionally, The Hon’ble High Court also observed: “no provision known to the law, has been placed before this Court on the basis of which this Court, in the exercise of power under Article 226 of the Constitution of India, can direct the respondent-University to conduct a fresh or special examination of M.A. Final Year of the petitioner only, when as a matter of fact that the same is already over .”

Finally, the Hon’ble High Court dismissed the appeal in view of the aforesaid objections.
Click Here To Read The Judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 The Hon’ble High Court observed that there is no documentary evidence on record or in possession of the petitioner that she has submitted the hard copy in due time as stated by the university. 
Additionally, The Hon’ble High Court also observed: “no provision known to the law, has been placed before this Court on the basis of which this Court, in the exercise of power under Article 226 of the Constitution of India, can direct the respondent-University to conduct a fresh or special examination of M.A. Final Year of the petitioner only, when as a matter of fact that the same is already over .”

Finally, the Hon’ble High Court dismissed the appeal in view of the aforesaid objections.
Click Here To Read The Judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 Additionally, The Hon’ble High Court also observed: “no provision known to the law, has been placed before this Court on the basis of which this Court, in the exercise of power under Article 226 of the Constitution of India, can direct the respondent-University to conduct a fresh or special examination of M.A. Final Year of the petitioner only, when as a matter of fact that the same is already over .” 
Finally, the Hon’ble High Court dismissed the appeal in view of the aforesaid objections.