Roma Karmakar v. Baba Saheb Ambedkar Education University And ORS

19.07.2024 WPA 18319 of 2024 Roma Karmakar -vs- Baba Saheb Ambedkar Education University & ors. Mr. Ekramul Bari Ms. Sananda Ganguli ...for the petitioner Mr. Amitabrata Roy Mr. Arkadipta Sengupta Ms. Deboleena Ghosh ...for the University Ms. Soumi Guha Thakurta ...for the respondent no.3 Affidavit of service filed on behalf of the petitioner is ssi Ct 17 taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner had applied for admission to B.Ed course. Earlier, the college was granted affiliation pursuant to an order passed by the Division Bench. When the application form was filled up, due to some technical issue, the signatures of the candidate and the Principal of the college did not appear to have been recorded. Instead of a blank space, there is a black marking at the relevant places. The moment this was known to the petitioner, a representation was made. But, the same has not been answered.

The examination is to commence from 23.07.2024.

Learned counsel appearing on behalf of the College

authorities submits that there is indeed a technical glitch for which neither the petitioner nor the College authorities are responsible.

Learned counsel appearing on behalf of the University denies the allegations and submits that an opportunity was given by the University to correct such defects by giving a notice. But this was not availed of by the petitioner or the College. If the application does not contain a signature of either the Principal or the candidate, it will be difficult to act upon the same.

From a careful perusal of the documents, it appears that in the application, the picture of the candidate or relevant details regarding educational qualification, address and even the Aadhar Card Number was given. Therefore, there is no question of somebody else trying to pass off as such candidate.

Besides, there is a technical glitch for which, in all probability, the software would have been responsible. However, that is not a subject matter of research here. The candidate cannot be made to lose a year because of such purported technical issue.

In the interest of justice and considering the balance of convenience, the University is directed to issue necessary registration form or any relevant documents at the earliest and positively before 22.07.2024 so that the petitioner can sit in the forthcoming examinations. If such documents

cannot be issued online, the same shall be issued manually. With these observations, the writ petition is disposed of.

Parties shall act on a server copy downloaded from the official web site of this Court.

(Jay Sengupta, J.)