Case BriefsHigh Courts

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

Case BriefsHigh Courts

Delhi High Court: Pratibha M. Singh, J., while addressing the matter with regard to issuance of degree certificates of students from Delhi University held that,

DU ought to take a pragmatic approach in this matter and seriously consider the option of setting up a special cell, which would entertain requests of students on email, for digital-certificates, mark-sheets, transcripts etc. and installing the software necessary for issuance of degree-certificates with security features, to be sent online through email in a timely manner.

Petitioners graduated from Lady Hardinge Medical College, Delhi in 2018 but have not received their degree-certificate till date.

Petitioners submitted that they wished to apply for their residency programmes in the United States and to sit in the USMLE examination. As per the petitioners, the date by which the degree-certificates would have to be uploaded for processing to the ‘My ECFMG’ mobile application would be 15th August, 2020.

Court has repeatedly faced petitions by students of Delhi University seeking their transcripts and degree-certificates.

Students especially doctors providing their services during the COVID-19 pandemic ought not to have been forced to approach this Court for seeking their degree-certificates, especially when they graduated two years ago.

For the above stated grievance by the students, Dean has not responded.

Bench stated that, there is no reason as to why DU should not be adopting technically advanced methods to ensure that the students are not inconvenienced.

Further adding to the above, it was stated that students ought not to be forced to approach Courts for issuance of their mark-sheets, transcripts, degree-certificates etc., which ought to be issued in the natural course within a reasonable time. [Dr Akshita Khosla v. University of Delhi, 2020 SCC OnLine Del 830 , decided on 22-07-2020]