Madhya Pradesh High Court: The Division Bench of Sujoy Paul and Anil Verma, JJ., dismissed a petition which was filed by 12th grade students and aspirants of taking admission in Integrated Programme for Management (IPMAT) praying to reconduct the examination for students who could not reach the centre due to heavy rains and further restraining respondents to declare the results.
The petitioners submitted that exam was scheduled to be held on 16-07-2021 and admit card contained the actual test time (Session) i.e. between 9.30 AM to 11 AM. They further contended that they were e required to report upto 9 AM but on the date of examination they received an e-mail at 6.46 AM directing them to report at 7.30 AM at the relevant Centre at Mumbai. Counsel for the petitioner, Mr Umesh Gajankush submitted that on the said date there was heavy rain at Mumbai. In view of sudden change of time (through an e-mail) the petitioners could not reach the examination centre before 9.00 AM and hence they were not permitted to enter the examination centre.
Counsel for petitioners further submitted that as per the Indian Institutes of Management Act, 2017, the respondent Institution is of national importance and the examination in which petitioners wanted to participate was a very prestigious examination. At Bangalore Centre, on the same date i.e. 16-07-2021, the candidates were permitted to enter the centre upto 9.20 AM. In view of very adverse weather situation at Mumbai, the petitioners may be permitted to undertake the examination and necessary directions in this regard may be issued.
Shri Chitale counsel for respondent submitted that the petitioners had not correctly narrated the facts. It was submitted that the candidates were directed to report at the Centre from 7.30 AM onwards and were permitted to report upto 9.00 AM. Beyond that, permission could not have been granted owing to the fact that for online examination various formalities were required to be undertaken. It was further pointed out that the result of IPMAT, 2021 was already declared on 23-07-2021 and now shortlisted candidates were required to participate in the interview scheduled between 5th August to 11th August, 2021.
The Court perused and quoted certain portions of the admit card and was of the opinion that it was clear like a cloudless sky that the entry time at the centre was 7.30 AM onwards and entry was permissible upto 9.00 AM. The respondents have categorically averred that entry of candidates were permitted on 16/7/2021 at all the centres upto 9.00 AM. The Court again stated that entry as per the admit card was permitted upto 9.00 AM. The petitioners admittedly reached the centre after 9.00 AM at 9.15 AM. Thus, no fault can be found in the action of respondents in not permitting the petitioners to enter the centre after the scheduled time.
The Court while dismissing the petition found that respondents were justifiable in restricting the entry time upto 9.00 AM for conducting the actual examination from 9.30 AM. The Court held that the respondent’s act was neither arbitrary nor contrary to law.[Dhruv Soni v. Indian Institute of Management, WP No. 13474 of 2021, decided on 04-08-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
