In an interesting judgement given out by the Punjab and Haryana High Court on February 10, 2020, it was observed that previous merits of a student would not form the basis of academic failures in the future.
The petitioner herein holds the position of a judicial officer and she filed a writ petition against the Kurukshetra University alleging that the university was deliberately failing students so that they could earn money by charging fees for re-evaluations.
The petitioner failed in subjects of Insurance Law and Law of Banking and Negotiable Instruments originally and after having reappeared for the exam, she failed in the subject of insurance law again. The counsel put forth the contentions of her merits and alleged that she could not fail the L.L.M. Examination that was comparatively simple.
The High Court dismissed the plea and said that they could not find any material on record to prove the existence of the issues pertaining to the university failing students on purpose.
Justice Sudhir Mittal stated:
Admitted, she is currently working as a Judicial Officer and thus, she may not have been able to devote adequate time to her studies. The writ Court cannot examine whether the paper was simple or difficult nor can it opine on the conduct of examiners unless the material is placed on record to substantiate the allegations. There is nothing on record to indicate any mala fides. The grievance is based upon apprehensions and thus, cannot be accepted.”
Author - Dyuti Pandya
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