Mahidul Islam v. Baba Saheb Ambedkar Education Univeristy And ORS,.

HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA WPA 29516 of 2024 Mahidul Islam versus The Baba Saheb Ambedkar Education University and others For the petitioner Mr. Tirthankar Dey For the University Mr. Amitabrata Roy Mr. Arkadipta Sengupta Heard on 10.12.2024 Judgment on 10.12.2024 JAY SENGUPTA, J:

This is an application praying for direction upon tbe respondent authorities to allow the petitioner to appear in the B.Ed second semester regular examinations for the Session 2023-25.

The petitioner is a student of East Malda B.Ed College under the Baba Saheb Ambedkar Education University. He is pursuing two years B.Ed course for the sessions 2023-2025.

The student was not allowed to take part in the First Semester Examination.

However, the University published an urgent notice on 23rd July, 2024 mentioning that the candidates who were permitted to sit for the ongoing B.Ed First Semester Examination as per the order of this Court, but were unable to fill up the examination form and remained present in the examination centre would fill up the offline examination form which would be sent to their college via mail and would be treated as enrolled candidates. They could sit for the forthcoming B.Ed examination and they would not lose one year. The same would be subject to the verification of the University within a month from the colleges furnishing all details and required documents to the University. If the candidate was found ineligible for verification, his or her candidature would be rejected.

By virtue of the aforesaid notice, the students who were unable to take part in the B.Ed First Semester Examination will get another opportunity to sit in the examination. Similar reliefs were earlier granted by this Court to others. Moreover, by a subsequent order dated 28.11.2024 passed by a Co-ordinate Bench of this Court in WPA 18713 of 2024, the petitioners therein were permitted to sit for the 2nd

semester examination with the regular students on a subsequent date to be fixed up by the University. It is submitted on behalf of the parties that instead of first semester examination as referred to above, the term should actually be the first semester supplementary examination. In view of the above, the University is directed first to complete all formalities regarding registration of the student. They would complete the process by today i.e., 10.12.2024 by opening the portal or by manual process and thereafter, the student will be able to fill up the examination form and sit in the examination. For such purpose, appropriate admit card shall be issued.

With these observations and directions, the writ petition is disposed of.

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

Learned Advocate on Record shall be at liberty to communicate a gist of this order to the respondent authorities and the respondents shall act on the same.

( Jay Sengupta, J.) ADSL 3/SG