The Punjab and Haryana High Court dismissed a writ petition filed against the Kurushetra University stating that the mere apprehension of malpractice is not sufficient to investigate the university.
Brief facts:
The petitioner is a Metropolitan Magistrate cum Civil Judge in Delhi. The petitioner herein had enrolled herself in the LLM course offered by the respondent university in correspondence as she was unable to pursue the regular course due to her appointment as civil judge. The petitioner appeared for her semester examination conducted in the month of May/June, 2018. However the petitioner was unable to clear two papers namely Insurance law and banking law. Upon applying for revaluation, the petitioner cleared the insurance law paper however failed in the Banking law. She once again appeared for the said paper in the next semester examination and failed once again. Hence, the writ petition.
The petitioner contended that she is a meritorious student wherein she had scored 70 out of 100 in the LLM course. She further contended that the petitioner had the same paper during her LLB course wherein she had cleared the same in merit. Further the question paper of the said exam was easy and hence there is no way that she could fail in the said paper. Hence the petitioner accused the University for adopting malpractices by failing the candidates in the semester examinations so as to earn money through revaluation.
Key features:
1. The court observed that the petitioner being a meritorious student does not mean that the petitioner’s performance cannot fail.
2. The court stated that the court is unable to opine on the level of difficulty of the question paper without any materials placed before it.
3. The court observed that though she might have passed the same paper in merit during her LLB course, it cannot be said that she could have performed well in the current semester as she is at present working as magistrate and might not have devoted her time for studies.
4. The court further remarked that the court cannot initiate investigation on the mere apprehension of malpractice without any sufficient grounds or materials.
The court dismissed the writ petition stating that the petitioner has not produced any evidence to show that the students are being failed in examinations purposefully to earn money through revaluation. The court also granted the petitioner a liberty to initiate appropriate proceedings in case she finds evidence in future substantiating her allegations. The court dismissed the petition stating that the writ petition was devoid of merits.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference:
- CWP No. 3496-2020 (O&M), Punjab and Haryana High Court, order dated 10/02/2020.
