Case Note & Summary
The petitioners, two students pursuing B.Com at Milagres College, Mangalore, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents, particularly the Principal of the college (3rd respondent), to issue hall tickets enabling them to attend the V Semester examinations for the remaining subjects for the academic year 2016-17. The petitioners also sought permission to write the subjects for which examinations were already over in the supplementary examinations to be held after the V Semester results. The college had denied hall tickets on the ground of non-payment of fees. The court, after hearing the parties, observed that the students were willing to pay the fees and that the denial of hall tickets would cause irreparable injury to their academic career. The court directed the college to issue hall tickets and permit the petitioners to appear for the V Semester examinations, subject to payment of fees. The court also directed that the petitioners be permitted to write the supplementary examinations for subjects already completed. The writ petitions were disposed of with these directions.
Headnote
A) Education Law - Right to Appear in Examination - Issue of Hall Tickets - The court considered whether a college can deny hall tickets to students for non-payment of fees when the students are willing to pay the fees. The court held that the college must issue hall tickets and permit the students to appear for the examinations, subject to payment of fees, as the right to education is fundamental and the students should not be prevented from taking examinations. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court exercised its writ jurisdiction to direct the college to issue hall tickets to the petitioners, as the denial of hall tickets would cause irreparable injury to the students' academic career. The court held that the college's action was arbitrary and violative of principles of natural justice. (Paras 1-3)
Issue of Consideration
Whether the respondent-college is justified in denying hall tickets to the petitioners for the V Semester B.Com examinations on the ground of non-payment of fees?
Final Decision
The court directed the 3rd respondent (Principal, Milagres College) to issue hall tickets to the petitioners and permit them to appear for the V Semester B.Com examinations for the remaining subjects, subject to payment of fees. The court also directed that the petitioners be permitted to write the supplementary examinations for subjects already completed. The writ petitions were disposed of accordingly.
Law Points
- Right to education
- Issue of hall tickets
- Non-payment of fees
- Interim relief
- Writ jurisdiction
