Judge Fails In LLM Exam, Files Writ Against University, HC Says ‘Yes, Even You Can Fail’
In one interesting judgement, the Punjab and Haryana High Court recently observed that the previous merit of a student would not necessarily imply that she couldn’t fail in the future.
The judgement came out in a case titled as Deepika vs. Kurukshetra University and another.
CASE BACKGROUND
The petitioner herein was a Judicial Officer who filed a writ petition against the Kurukshetra University alleging that a racket going was on at the University whereby students were being failed so that the University could earn money by charging fees for re-evaluations.
During the hearing, it was recounted by the Court that the petitioner had failed in the subjects of Insurance Law and Law of Banking and Negotiable Instruments.
While on re-evaluation, she passed the subject of Law of Banking and Negotiable Instruments but fail the subject of Insurance Law. Then in May 2019, she re-appeared in the said paper but failed again.
The Learned Counsel of the petitioner submitted that she was a meritorious student who had secured 72 marks out of 100 in the same subject in her L.L.B Examination. He argued that the paper in the L.L.M examination was quite simple and therefore she couldn’t fail.
However, the High Court dismissed the plea on finding that there was no material on record to prove the existence of the racket.
He further went onto say:
“Admitted, she is currently working as a Judicial Officer and thus, she may not have been able to devote adequate time to her studies. The writ Court cannot examine whether the paper was simple or difficult nor can it opine on the conduct of examiners unless the material is placed on record to substantiate the allegations. There is nothing on record to indicate any mala fides. The grievance is based upon apprehensions and thus, cannot be accepted.”
The judgement has been delivered by Justice Sudhir Mittal on 10-02-2020.
Source: Latest Laws.com