The prayer was all about the person to appear in the unclear Part-I examination, this was held in the judgement passed by a single bench judge comprising HON’BLE JUSTICE AMRITA SINHA, in the matter Safia Khatun Vs. The State of West Bengal & Ors [ WPA No. 9902 of 2021].
The petitioner was a student of a college affiliated with the University of Burdwan pursuing a BA in Hons. three-year degree course, She appeared in BA Part-I Hons. Examination wherein the year 2017 she couldn’t make it up and was supposed to give the same examination in the year 2018 accordingly she was passed but the issue was she was not able to attend the upcoming exams Part-I BNGG paper due to ill-health, And she gave the same exam has before to get into the upcoming exam Part-I BNGG paper but she couldn’t because she failed in the year 2020.
Then she made a representation before the University praying for a direction to allow her to appear in the unclear Part-I examination. As the representation of the petitioner was not considered, she approached this Court by 2 filing a writ petition being [WPA 10436 of 2020] which stood disposed of by an order dated 21st January 2021. The order of the Court duly complied and the reasoned order was communicated to her. The reasoned order dated 31st March 2021 rejecting the prayer of the petitioner is impugned in the present writ petition. Also, The University believed that at present there is no scope for retaking any examination of the petitioner
The petitioner draws the attention of the Court to the UGC guidelines on the determination of a uniform span period within which a student may be allowed to qualify for a degree. The guidelines mention that a student who, for whatever reasons, is not able to complete the programme within the normal period or the minimum duration prescribed for the programme, may be allowed two years’ periods beyond the normal period to clear the backlog to be qualified for the degree.
In support of his submission, the petitioner has relied upon the judgment delivered by the Hon’ble Supreme Court in the matter of Delhi Air take Services Pvt. Ltd. & Anr. –vs- State of Uttar Pradesh & Anr.; (2011) [9 SCC 354 paragraphs 126, 129 and 132].
But, The learned advocate for the University of Burdwan relies upon the University Regulation 4(UG) of Undergraduate Examinations Regulations and submits that the Regulation categorically lays down that the outer limit for completing the course is seven years and a candidate has three consecutive chances to clear each part. The chances not availed of were deemed as lapsed and also refers to an unreported judgment dated 10th August 2021 passed by this Court in [WPA 7110 of 2021](Souvik Ghosh –vs- University of Burdwan & Ors.).
It was submitted that at this stage the University can’t allow any further opportunity for the petitioner to appear in the examination for clearing her backlog paper. On the contrary, the judgment referred to by the respondents in the matter of Souvik Ghosh (supra) is apt and may be relied upon to decide the instant case.
The court perused the facts and argument’s presented, it believed that – There was hardly any ambiguity. The timelines mentioned that a backlog paper has to be cleared within three consecutive chances and if the chances are not availed of, they shall be deemed to have lapsed. The petitioner, unfortunately, failed to avail her chances to clear the backlog paper. In such a situation no direction can be passed upon the University to permit the petitioner to appear in her backlog paper for clearing the same once again and The writ petition was failed and is hereby dismissed.
