Case Note & Summary
The petitioners, Sneha Fulchand Hargude and Bharat Gopal Murarka, were students who appeared for the B.Pharm Final Examination in Summer 2015 but were declared unsuccessful in some subjects. They applied for revaluation under Direction No.5 of 2004 of the Nagpur University, which requires revaluation results to be declared within 45 days. However, the University failed to declare the results within that period. Meanwhile, the petitioners were provisionally admitted to the M.Pharm course subject to the declaration of their B.Pharm results. They attended M.Pharm Part-I classes and submitted practical records. When the M.Pharm Part-I examinations were scheduled, the college (respondent No.3) rejected their applications to appear for the examination on the ground that their B.Pharm results were not yet declared. The petitioners challenged this communication dated 18/11/2015 before the Bombay High Court. The court observed that the University's failure to declare revaluation results within 45 days was not the fault of the petitioners. The court held that the petitioners, who were provisionally admitted, could not be denied the opportunity to appear for the M.Pharm examination due to the University's delay. The court directed the college to permit the petitioners to appear for the M.Pharm Part-I examination, subject to the condition that if the petitioners failed to pass the B.Pharm examination, their admission to M.Pharm would stand cancelled. The petition was allowed with no order as to costs.
Headnote
A) Education Law - Revaluation of Examination Results - Direction No.5 of 2004 of Nagpur University - Timely Declaration - The University is required to declare revaluation results within 45 days. Failure to do so cannot be used to deny students the opportunity to appear for higher studies examinations. The court held that the University's delay in declaring revaluation results cannot prejudice the students who were provisionally admitted to M.Pharm course. (Paras 2-5) B) Education Law - Provisional Admission - Right to Appear for Examination - Students provisionally admitted to a higher course subject to declaration of previous results have a right to appear for the examination of the higher course if the delay in declaration is attributable to the University. The court directed the college to permit the petitioners to appear for the M.Pharm Part-I examination. (Paras 6-7)
Issue of Consideration
Whether the petitioners, who were provisionally admitted to M.Pharm course subject to declaration of their B.Pharm revaluation results, can be denied permission to appear for the M.Pharm Part-I examination due to the University's failure to declare the revaluation results within the stipulated period of 45 days.
Final Decision
The petition is allowed. The communication dated 18/11/2015 rejecting the petitioners' applications is quashed and set aside. The respondent No.3 college is directed to permit the petitioners to appear for the M.Pharm Part-I examination. However, if the petitioners fail to pass the B.Pharm examination, their admission to M.Pharm shall stand cancelled. Rule made absolute. No order as to costs.
Law Points
- Revaluation result must be declared within 45 days
- University cannot delay revaluation result to detriment of students
- Students provisionally admitted to higher course cannot be denied examination appearance due to University's delay
- Right to education includes timely declaration of results
