Fundamental Right To Education Doesn't Extend To Candidates Ineligible To Appear In Examinations: J&K High Court

Justice Sanjay Dhar thus dismissed a writ petition filed by Adil Farooq Bhat, a postgraduate student of Convergent Journalism at Central University, Kashmir who had sought a directive for the university to conduct his End Semester examination inside the jail where he is detained.

Adil had missed his End Semester examination in Convergent Journalism last year due to his arrest on August 10, 2021, in connection with FIR No.84/2021 by the Shaheed Gunj Police Station, Srinagar.

The petitioner, represented by Mr. M. A. Makroo, Advocate, argued that the respondent University should make special arrangements for him to take the examination inside the jail. On the other side, Mr. Arshid Ahmad, Advocate, representing the Vice Chancellor of Central University, Kashmir, and others, contested the petition, stating that the petitioner failed to fulfill essential eligibility criteria, including minimum attendance and participation in Continuous Internal Assessment (CIA) components.

Adjudicating upon the matter Justice Dhar highlighted the provisions of Ordinance 5 of the respondent University, which mandates a minimum of 75% attendance and successful completion of CIA for eligibility to appear in End Semester examinations.

The court noted that the petitioner, due to his arrest and subsequent imprisonment, failed to attend any regular classes or undergo CIA components and consequently, the petitioner did not meet the eligibility criteria set by the university.

“..the petitioner has not attended the regular classes of End Semester even for a day because of the reason that he was lodged in jail. There is no provision in Ordinance 5 of the respondent University governing the matters relating to eligibility for sitting in examination that would vest power with any authority of the respondent University to condone shortage beyond 10%. Therefore, the petitioner cannot seek a direction upon the respondents to do an act which the Statute/Rules do not permit”, the court recorded.

Pointing out the prescription with regard to CIA the bench observed,

“.. Besides requirement of attendance, a student in order to be eligible to appear in End Semester examination of a course has to clear Continuous Internal Assessment with a minimum of 50% marks. In the instant case, admittedly the petitioner has not appeared in Continuous Internal Assessment and, as such, he has not secured a minimum of 50% marks”.

Concluding that the petitioner was ineligible to sit in the End Semester examination, the bench said that he could not seek a directive for the university to make special arrangements for him inside the jail.

Case Title: Adil Farooq Bhat Vs VC Central University Kashmir.

Citation: 2023 LiveLaw (JKL) 293

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