The Allahabad High Court has allowed three Sanskrit colleges affiliated to the Sampurnanand Sanskrit University, Varanasi to deposit the examination fees and forms of the students.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Kedar Nath Sanskrit Mahavidyalaya and others.
In all the writ petitions, facts are almost similar that petitioners are institutions affiliated with respondent Sampurnanand Sanskrit University, Varanasi.
It has not been disputed by the petitioners that there was a default on their behalf that they have not adhered to the time limit in depositing requisite fee of examination and examination forms of the students despite they were given various opportunities and time was also extended.
Even in one case though examination fee was deposited but despite repeated opportunities, examination forms were not deposited within extended time limit, still petitioners seek a last opportunity to deposit fee and forms and that entire exercise at their hands could be concluded in a few hours.
Counsel appearing on behalf of the respondent University submitted that they have taken instructions on the request of the Court in order to save one educational year of students of above referred institutions to allow them to deposit examination fee and forms so that students may participate in the examination scheduled to commence from 16.6.2023 and that there will be a practical difficulty as entire procedure of examination including the issuance of Admit Card and publication of examination papers are over and in case the process is initiated qua to petitioners institute now, it would disturb the entire process of examination.
In the above referred background the Court has to maintain balance between genuine concern of students of above referred institution who are not at fault and they may not suffer due to fault of institution which has not been denied by their respective counsel and on other hand the Court has to see practical problems which would be faced by the respondent Universities, in case they are directed to allow the petitioner institutions to deposit fee and form within short period.
In above circumstances, the Court found that it would be more appropriate to take note of interest of students that in case they are not able to participate in the examination, their one educational year will get wasted and it would not only be their irreparable loss, but they would have to suffer mental trauma also. The Respondent Universities, having large infrastructure, can manage any adverse situation in case petitioner institutions are allowed to deposit fees and forms within a short period.
In view of the above observations, the Court disposed of the all the above the petitions with following directions:
(1) The respondent University will open the window from 10 A.M on 8.6.2023 to 4 P.M on 9.6.2023 on their website for petitioner institutions to submit online forms and deposit fee and the petitioner institutions shall complete all formalities within aforesaid period without any fault.
(2) It is made clear that time fixed by this Court will not be extended in any circumstances, however, in case, petitioner institutions are not able to complete their formalities within the aforesaid time limit, they have to face consequence of it by compensating their respective students by returning their fees and they have to pay compensation of Rs 25,000/- also to each student within four weeks.
(3) In case of any issue in respect of network, respondent Universities will allow the petitioner institutions to carry out formalities at their campus and also depute a responsible person to supervise the process.