PRIYANKA PREMCHAND SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions are filed under Article 226 of the Constitution of India essentially challenging the very same action of the respondent authority and as such, upon request of learned advocates appearing for the respective parties, these petitions are taken up for hearing conjointly. 1.1 So far as Special Civil Application No. 12248 of 2020 is concerned, the same is filed by the petitioner for seeking following reliefs :-?

(2.) Since the grievance of both the petitioners is similar, learned advocate Mr. Chetan Pandya appearing for the petitioner of Special Civil Application No. 13058 of 2020 has requested to lead the hearing. Hence, the petition being Special Civil Application NO. 13058 of 2020 is taken up as a lead matter.

(3.) The petitioner of lead petition being Special Civil Application NO. 13058 of 2020 is a student of B. Sc. Microbiology subject of Samarpan Science and Commerce College at Gandhinagar, which is a college affiliated with the Gujarat University. The petitioner is having good academic track record. The final year examination i. e. 6th Semester examination of B. Sc. was to be conducted by the respondent University in the month of April 2020, but due to Covid-?19 situation, the same was postponed from time to time and lastly, the examination was scheduled on 13.07.2020 in view of circular dated 04.06.2020. Simultaneously, the petitioner had also filled in an on-?line request form to appear in the entrance examination of M. Sc. Forensic Science with respondent No.4 - Gujarat Forensic Science University and the University sent an email to the petitioner that the said application is successfully applied and in turn, the petitioner was to appear in the entrance examination. According to the petitioner, the Gujarat University had again postponed the examination of B. Sc. 6th Semester and scheduled on 31.08.2020 from 3.00 pm to 5.00 pm and the same was notified by circular dated 20.07.2020 and therefore, the schedule of examination became uncertain. Vide circular dated 08.08.2020, the Gujarat University had given two options to the students to appear in the examination, one by on-?line and another by off-?line and as such, the petitioner opted an option of off-?line examination for 6th Semester of B. Sc. to be conducted by the Gujarat University. Later on, the Gujarat University vide circular dated 18.08.2020 declared that the examination for graduation and post-?graduation would commence from 03.09.2020 and 12.09.2020. So in view of this, 6 th Semester examination of B. Sc. would commence from 12.09.2020 at a time from 3.00 pm to 5.00 pm. Simultaneously, on 16.09.2020, during 6th Semester examination for B. Sc., the petitioner received a time-?table (revised) of entrance examination being conducted by respondent No.4 University scheduled on 18.09.2020 at 3.00pm. The petitioner by email dated 17.09.2020 - day before, sent logging details to respondent No.4 University and in turn, respondent No.4 University informed the petitioner that the application number is the enrollment number. In view of the fact that both these examinations i. e. 6th Semester examination of B. Sc. scheduled to be conducted by the Gujarat University between 3.00 pm to 5.00 pm and another entrance examination by respondent No.4 University also scheduled on the same date, the petitioner requested the Admission Team of respondent No.4 University to do the needful vide email dated 18.09.2020. However, on account of this clash, the petitioner was not allowed to appear in on-?line entrance examination for M. Sc. conducted by respondent No.4 University and that being the situation left with no other alternate, the petitioner has approached this Court by way of present petition under Article 226 of the Constitution of India for seeking reliefs as prayed for.