Under Article 226 of the Indian Constitution, the High Courts cannot direct universities to conduct fresh examinations: Allahabad High Court.
There is no provision known to the law on the basis of which a court in exercising powers granted to it under Article 226 of the Indian Constitution can direct universities to conduct fresh or special examinations when as a matter of fact they are already over. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Mrs. Manju Rani Chauhan in the matter of Kenisha Singh Jeet vs State Of U.P. & ors [ WRIT – C No. – 17418 of 2021] on 26.10.2021.
The case revolved around the non-issuance of an online admit card due to which the petitioner was not allowed to sit in his M.A. Final Examination. It is the contention of the petitioner that she on 08.07.2021 submitted the fees of the and filled the examination and submitted the hard copy of the same to her concerned college authorities as per the regular procedure. The same was liable to be forwarded to the university by the college authorities. When the petitioner tried to download her Admit card on 20.07.2021, pending her examination on 24.07.2021, she was astonished to find that her Admit Card was not issued. Upon perusal, with the college authorities, she found that there has been some mistake which would be rectified but was never. On the other hand, it was the contention of the university that the petitioner had not submitted the hard copy of the examination form in due time due to which it was not sent to the university, following the non-issuance of the online Admit Card.
The Hon’ble High Court observed that there is no documentary evidence on record or in possession of the petitioner that she has submitted the hard copy in due time as stated by the university.
Additionally, The Hon’ble High Court also observed: “no provision known to the law, has been placed before this Court on the basis of which this Court, in the exercise of power under Article 226 of the Constitution of India, can direct the respondent-University to conduct a fresh or special examination of M.A. Final Year of the petitioner only, when as a matter of fact that the same is already over .”
Finally, the Hon’ble High Court dismissed the appeal in view of the aforesaid objections.
Click Here To Read The Judgment.
Judgment Reviewed by: Rohan Kumar Thakur