The Allahabad High Court has allowed the petition filed by the LLB student who was imprisoned under Sections 302 and 427 IPC and seeking appearance in online quiz examinations held by the University.
The petitioner was a student of LLB (Fourth Semester) in respondent Babu Banarsi das University, Lucknow. The matter was heard by Allahabad High Court Justice Dinesh Kumar Singh.
The petitioner was lodged in jail being an accused under Sections 302 and 427 IPC, Police Station Gomti Nagar, Lucknow. The University had suspended the petitioner and his physical entry in the University was banned. In view of the prevailing situation because of the pandemic COVID-19, the University had decided to take online quiz examinations for internal assessment, which started from 4th May, 2020.
Learned counsel for the University had informed that out of the three quiz, best of the two would be considered for internal assessment. The first quiz had already got over on 7th May, 2020. The second quiz had started on 8th May, 2020. The petitioner moved the University on 3rd May, 2020 for permitting him to appear in online quiz. The University had granted him permission on the same day to appear in the online quiz examination. Petitioner’s counsel further said that since the petitioner has missed first quiz, he would assessed be on the basis of the two-remaining quiz. He had consented to re-schedule of 8th May quiz examination for the petitioner and the University will inform the petitioner accordingly.
Learned counsel for the petitioner has contended that two co-accused had approached this Court for similar prayer in two writ petitions. He further said that two petitioners in those two petitions have been granted permission by this Court to appear in online quiz examination from jail and, the jail authorities have been directed to facilitate them for appearing in the examination. He had, therefore, prayed that the petitioner may also be provided the similar facility for appearing in the online quiz examination.
Additional Chief Standing Counsel, mentioned before the court that the jail does not have adequate Laptops and Computers to be made available to the petitioner. However, if the petitioner can arrange his own Laptop for appearing in the examinations, the same would be permitted by the jail authorities and, the jail would provide the internet facility for the same.
Therefore, the Allahabad High Court held that someone from petitioner side will hand over a Laptop with Charger to the office of the Senior Superintendent of District Jail, Lucknow and the Senior Superintendent of District Jail, Lucknow will ensure the internet facility to the petitioner only for the purposes of appearing in the online quiz examination, which was scheduled to be held from 8.5.2020. After online quiz examination is over, the Laptop will be taken from the petitioner and be kept in the office of the Senior Superintendent of District Jail, Lucknow and he would be given the same again for appearing in the remaining second and third online quiz examinations. The University will re-schedule 8th May, 2020 quiz examination for the petitioner and it will inform the same to the petitioner accordingly.
-India Legal Bureau