Guj HC | ”Failed” student allowed to sit for next exam; Court allows application considering “Technical glitch” cannot be ruled out and must be taken into consideration

Gujarat High Court: Sangeeta K. Vishen, J., allowed an application directing the respondent to allow the petitioner to appear in the examination for the subject – Foundation Engineering while observing that technical glitches could be faced during an online examination.

The petitioner, an engineering student had approached the High Court against the Gujarat Technological University which had barred him to appear for the pre-check trial test declaring that he had failed in the test which was conducted for the subject. The counsel for the petitioner, N.M. Kapadia contended that the petitioner was unable to answer the entire set of questions due to technical glitches during the online examination. He further contended that when the pre-check trial test was conducted on 15-9-2020, the technical glitch was again experienced by the petitioner as well as other students. Accordingly, the University, on the same day had tweeted that “Students who are not able to successfully submit today’s Pre-check trial test can re-appear tomorrow i.e. 16-9-2020 from 11:00 to 11:30 AM Login will start from 10:15 AM Students can appear using the same credentials used by them today and that are displayed in their student portal.” It was submitted that thereafter, the petitioner had appeared in the pre-check trial test on 16-9-2020. It was further contended that as is discernible from the contents of the affidavit-in-reply filed by the respondent 1 – University, it suggests that there is the least likelihood of any malfunction. The University does not say that there was no malfunction in the system. The stand of the University was that remedial examination was available to the petitioner, as the petitioner had failed in one of the subjects; the same would grossly affect the career of the petitioner inasmuch as, the petitioner will carry two mark sheets for the same subject, for no fault of him. It was contended that right to education is a fundamental right and the same cannot be tinkered with by the University in such a fashion.

The Court while allowing the application directed the respondent to allow the petitioner to appear in the examination for the subject – Foundation Engineering. The Court further observed that the fact that the situation complained of was beyond his control and stated that

As the technology is and we all know, it has the tendency of uncertainties, be it network issues, device issues, etc. When working with technology, technical glitches cannot be ruled out and must be taken into consideration.”

[Harsh Hiteshbhai Gandhi v. Gujarat Technological University, 2020 SCC OnLine Guj 1328, decided on 18-09-2020]


Suchita Shukla, Editorial Assistant has put this story together

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