University Directed to Conduct Special Examination after Denial Due to Technical Glitch
In a significant ruling, the Allahabad High Court has emphasized the fundamental right of students to appear in examinations, equating it to the right to live with dignity under Article 21 of the Constitution of India. The court directed Professor Rajendra Singh (Rajju Bhaiya University) to conduct a special examination for Shreya Pandey, a B.Sc. (Biology) student, who was denied the opportunity to sit for her exams due to a technical oversight on the university's web portal.
Presiding over the case, Justice Vivek Saran highlighted that the inability of the university to update Pandey's records on their 'Samarth Portal' was not attributable to any fault on her part. Despite the college's attempt to rectify the issue by informing the university of the non-updated records of 30 students, the records of only 25 were updated, leaving Pandey and four others without admit cards.
The court underscored that the right to education is integral to the right to life and dignity, as affirmed in previous judgments by both the Supreme Court and High Courts. It cited cases such as Rahul Pandey v. Union of India and the Delhi High Court's ruling in Re: Master Prabhnoor Singh Virdi, which recognized education as a fundamental right under Article 21, thereby prohibiting any denial of examination opportunities due to administrative failures.
Justice Saran ordered the university to conduct a special examination for Pandey within two weeks and to ensure that her academic progress is not hampered by promptly publishing her results. The court also mandated the university to update Pandey's records to prevent future impediments to her education.
The case has set a precedent, reinforcing the importance of administrative diligence in educational institutions and affirming the judiciary's role in safeguarding students' rights.
Bottom Line:
Right to appear in examinations is considered a fundamental right under Article 21 of the Constitution of India, which includes the right to live with dignity. Denial of examination opportunity due to technical lapses when the student is not at fault infringes upon this fundamental right.
Statutory provision(s): Article 21 of the Constitution of India, Article 21A of the Constitution of India
Shreya Pandey v. State of U.P., (Allahabad) : Law Finder Doc Id # 2839984
