The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.60 of 2023 Ranjit Kumar Sing State of Odisha & others …. Petitioner Mr. G. Satpathy, Advocate -versus- …. Opposite Parties Mr. N.K. Praharaj, A.G.A. Mr. S.N. Patnaik, Advocate for O.P.-2 Mr. A.K. Biswal, Advocate for O.P.-3 CORAM: JUSTICE A.K. MOHAPATRA Order No. ORDER 09.02.2024 08. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. G. Satpathy, learned counsel for the Petitioner as well as Mr. S.N. Patnaik, learned counsel for O.P. No.2-Controller of
Legal Reasoning
Examination, F.M. University & Mr. A.K. Biswal, learned counsel for O.P. No.3-Principal, Swarnachud College, Mitrapur. Perused the pleadings of the parties as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioner, who happens to be a student of Opposite Party No.3-College and had appeared in an examination conducted by the Opposite Party No.2- University, for a direction to the Opposite Parties for publication of final B.A. Result in respect of the Petitioner within a stipulated period of time. // 2 // 4. The factual matrix of the present writ application in a narrow compass is that the Petitioner had taken an admission in Opposite Party No.3-College, in the +3 Arts Course. The Petitioner was then issued with an Identity Card bearing Roll No. BA19-136 for the academic session of 2019-20 by the Opposite Party No.3-College. The said identity card of College was renewed in 2020-21 for the 2nd year of +3, and in 2021-22 for 3rd year of +3 Arts. In order to appear in the 6th Semester +3 arts examination, the Petitioner had deposited Rs.2220/- on 27.05.2022 with the college authorities under Annexure-2 to the writ application. Accordingly, the Petitioner was issued with an admit card to appear in the examination by Fakir Mohan University, duly signed by the Principal of College as well as the Controller of Examination of the University. Pursuant to the aforesaid admit card the Petitioner appeared in the examination and, as claimed by the Petitioner, he has cleared all the semester examinations of +3 arts degree. Such result has also been uploaded in the official website of the Fakir Mohan University as would be evident from the document under Annexure-4 to the writ application, which is a downloaded copy of the mark sheet of the Petitioner from the official website of Fakir Mohan University, Balasore. Since the Petitioner has not been issued with the final certificate by the University in respect of +3 arts degree course, the Petitioner has approached this Court by filing the present writ application for a direction to the Opposite Party No.3 to issue the final degree certificate in favour of the // 3 // Petitioner within a stipulated period of time. 5. Learned counsel for the Petitioner submitted that the Petitioner was duly admitted to the Opposite Party No.3-College. He further contended that the Petitioner had taken admission in +3 Arts (pass) course for the academic year 2019-20. Thereafter, the Petitioner continued his studies and appeared in the University-Examination up to the 5th semester. So far the 6th semester examination is concerned, it is submitted by learned counsel for the Petitioner that the Petitioner, after depositing the fees with the college authorities, wanted to appear in the 6th semester final examination. The receipt under Annexure-2 to the writ application reveals that the College authorities have accepted such fees of the Petitioner. He further contended that the Petitioner was issued with an Admit Card to appear in the examination, accordingly, the Petitioner appeared in the examination. Learned counsel appearing for the petitioner contends that, although the result of the Petitioner has been uploaded in the official website, however, the Opposite Party No.3-University is not issuing the final pass certificate to the petitioner. He further contends that despite the Petitioner having appeared in the final examination and successfully qualifying in such examination and, the result of such examination having been uploaded in the official website of the Fakir Mohan University, Balasore. The University authorities have not issued the final degree certificate to the Petitioner which has been issued to similar other candidates who had also taken // 4 // admission in the Opposite party No.3-College and appeared in the University examination. Finally, Learned counsel for the Petitioner contended that conduct of the Opposite parties is highly illegal and arbitrary, and as such this Court by allowing the writ application may direct the Opposite Parties to issue the final degree certificate in favour of the petitioner within a stipulated period of time. 6. Mr. S.N. Pattnaik, learned counsel appearing for the University submitted that the Opposite Party No.2 has filed a counter affidavit, and referring to such counter affidavit Mr. Patnaik, learned counsel at the outset has put the entire blame on the college authorities. In course of his argument, learned counsel appearing for the University submitted that it is because of the illegalities committed by the College authorities that the Petitioner is suffering. He further contended that as per the University regulations the name of the Petitioner has to be forwarded to the University along with requisite fee upon due scrutiny by the College authorities by preparing a Master Nominal Roll (MNR), and such MNR is then to be forwarded to the University for scrutiny. It is after due scrutiny of the forwarded MNR, that the University authorities prepare a final list of candidates who have been permitted to appear in the examination, and this said list is referred to as a Candidate Nominal Roll (CNR). It was submitted here that, the MNR which was issued by the Opposite Party No.3-College to the Opposite Party No.2-University does not reflect the name of the present Petitioner. Therefore, the CNR // 5 // issued by the University to the Opposite Party No.3-College also does not include the name of the present Petitioner. He further contended that in such view of the matter, the result of the Petitioner has not been published by the University authorities, since the Petitioner has not been permitted by the Opposite Party No.2 to appear in the final degree examination conducted by the Opposite Party No.2. 7. In reply to the Admit card under Annexure-3 to the writ application, Mr. Patnaik, learned counsel submitted that, such Admit Card has been issued to the Petitioner at the time of taking admission. He further contended that a bare look at the document under Annexure- 3 would reveal that the same contains all six Semester examinations to be conducted by the University. Therefore, a single examination card is to be used, to the student, for all six semester examinations that are to be conducted by the University. He also contended that subject to inclusion of the name of the Petitioner in the CNR Roll, the students, like the Petitioner, are allowed to appear in the examination upon production of the admit card under Annexure-3 to the writ application. He further contended that since the name of the Petitioner does not find place in the CNR, even though the Petitioner was wrongly allowed to appear in the examination, the result in respect of the Petitioner has been subsequently cancelled by the University vide notification dated 09.09.2022 under Annexure-B/3 to the counter affidavit by the Opposite Party No.3-College. In such view of the matter, Mr. Patnaik, learned // 6 // counsel submitted that the University authorities have not committed any illegality in the matter. Therefore, the present writ application against the University authorities is not maintainable. 8. Mr. A.K. Biswal, learned counsel appearing for the Opposite Party No.3-College on the other hand referring to the counter affidavit submitted that, although the Petitioner deposited the fee with the accounts section of the Opposite Party No.3-College and produced a receipt of such deposit, however, he did not turn up fill the form to appear in the 6th Semester Examination. He has also not submitted the documents which are necessary at the time of the filling of the form. Therefore, the name of the Petitioner was not included in the MNR which was sent to the Opposite Party-University, wherein the names of the candidates who have filled up the form to appear in the 6th Semester examination was furnished. Learned counsel for the Petitioner also contended that only one admit card has been issued at the time of taking admission in the +3 Course, as has been issued in the case of the Petitioner, under Annexure-3 to the writ application. Therefore, it was contended that no separate admit card was issued in respect of different Semester examinations. 9. In course of his argument, learned counsel for the Opposite Party No.3-College submitted that the Petitioner was allowed to write the examination commencing on 07.07.2022 on the basis of an undertaking furnished by the petitioner, under Annexure-A/3 of the counter by O.P. // 7 // No.3-College. He further contended that such fact has also been intimated to the University. Learned counsel for the Opposite Party No.3 submitted that although the petitioner was allowed to write in the 6th semester examination, the Opposite Party-University vide his letter dated 09.09.2022 intimated the College authorities that the provisional final result published in respect of the Petitioner on 12.08.2022 has been cancelled. Thereafter, the Opposite Party No.3 has surrendered the provisional certificate and mark sheet in respect of the Petitioner, for the 6th semester examination, before the University authorities and such cancellation of the result has then been published in the notice board of the College on 10.09.2022. 10. Having heard the learned counsels appearing for the respective parties, as well as on perusal of the pleadings of the parties and materials on record, on a careful analysis of the submissions made by the learned counsels appearing for respective parties and on a due scrutiny of the materials on record, this Court observes that the petitioner had deposited the examination fee in the College, as is evident from the receipt under Annexure-2 to the writ application. However, his name was not forwarded by the College, by not including his name in the MNR, to the University. Therefore, University authorities had no occasion to scrutinize the application of the Petitioner, and accordingly, his name was not included in the CNR which was sent by the University to the College. It further appears that // 8 // on the basis of the information furnished in the CNR, the students are allowed to participate in the examination. However, on the basis of the common admit card under Annexure-3 which is issued at the time of initial admission, the Petitioner was permitted to appear in such examination by the College authorities. After the examination was over, the provisional result was initially uploaded in the official website of the Fakir Mohan University, Balasore by the Opposite Party No.2. However, once it was detected that the petitioner has not validly filled up the form to appear in the 6th Semester examination or that the same has not been forwarded by the college authorities, which is not clear from the pleadings, the University authorities cancelled the result vide their notification 09.09.2022. Accordingly, the Opposite Party No.3 has surrendered the provisional mark sheet as well as pass certificate to the University. 11. On a careful analysis of the submissions of learned counsels appearing for the respective parties, and keeping in view the factual background of the present case, this Court is of the considered view that, in the first place the Petitioner, who is a student, should not have been allowed to write the 6th Semester examination since his name had not been forwarded to the University by the College, by not including the name of the Petitioner in the MNR. However, the fact remains that the Petitioner had deposited the fee to appear in the 6th Semester examination. For reasons best known to the Opposite Party No.3, even // 9 // though such fee was accepted, however, his application to appear in the 6th Semester examination was not forwarded to the University and likewise his name was also not included in the MNR. Therefore, this court has no hesitation to come to a conclusion that the negligence lies on the part of the College authorities. This Court further observes that the College authorities should not have accepted the fee, or should have at least refunded the same in the event the petitioner had not filled up the form to appear in the 6th Semester examination. Furthermore, if the College Authorities have accepted the examination fees, and the same has not been returned, then this Court has enough reasons to presume that the Petitioner had filled up the form to appear in the examination and it is because of the negligence of the College authorities in forwarding the same to the University that his name was not included in the CNR which was sent by the University to the Opposite Party No.3- College. In any event, the negligence in the present case is solely attributable to the Opposite Party No.3-College. While making such observation this Court does not mean that it is only the Principal of the College who has been negligent, rather, such negligence might very well have been on the part of other officers and/ or employees of the Opposite Party No.3-College who were involved in the admission process. Moreover, considering the fact that the Petitioner is a student and he has already appeared in the examination, therefore, in the event the provisional result published by the University is not published // 10 // finally then the Petitioner is likely to be seriously prejudiced and his career might be adversely affected. In such view of the matter, this Court directs the Opposite Party No.2 to consider the case of the Petitioner in the aforesaid factual background and in the event the regulations of the University permits to regularize the form of the Petitioner for the 6th Semester examination by accepting the examination fee which has already been deposited before the college authorities, then the Opposite Party No.2 shall consider the case of the Petitioner in consultation with the Vice-Chancellor of the University or the syndicate and a final decision is to be taken in the matter to regularize the 6th Semester examination of the Petitioner. It is further observed that in the event the same is permissible, the Opposite Party No.2 shall do well to publish the final result of the Petitioner in respect of the 6th semester +3 Arts examination within a period of six weeks from the date of communication of a certified copy of this order. Before parting, this Court would like to observe that since the Opposite Party No.3-College has created the present issue and the negligence is attributable to the Officers of the Swarnachud College, Balasore, this Court deems it proper to impose a cost of Rs.10,000/- on the Opposite Party No.3-College. The aforesaid cost of Rs.10,000/- be deposited with the Fakir Mohan University, Balasore, in their Student Welfare Fund, within a period of six weeks from the date of communication of the certified copy of this order. // 11 // 12. With the aforesaid observations/ directions, the writ
Decision
application stands disposed of. 13. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Feb-2024 19:13:50