HARSH HITESHBHAI GANDHI Vs. GUJARAT TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) This court, on 8.9.2020, issued notice making it returnable on 14.9.2020 with a further direction to the Gujarat Technological University (hereinafter referred to as the 'University') to allow the petitioner to appear in the pre-check trial test. The respondent No.1 was also directed to file its reply. Accordingly, the respondent No.1 has filed its reply and the rejoinder has been filed by the petitioner.

(2.) Mr. N.M. Kapadia, learned advocate for the petitioner, at the outset, submitted 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 15.9.2020, has 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 is submitted that thereafter, the petitioner had appeared in the pre-check trial test on 16.9.2020. It is further contended that as is discernible from the contents of the affidavit-in-reply filed by the respondent No.1 - University, it suggests that there is least likelihood of any malfunction. The University does not say that there was no malfunction in the system. While referring to pages 136 to 140, it is submitted that it is not that the petitioner was the only person who has suffered this trauma, but there are other instances also where, the students could not successfully attempt the examination. Further, there is not a whisper in the affidavit-in-reply, specifically pleading that there was no technical glitch.

(3.) It is next submitted that in the first instance, that is, on 17.8.2020, the petitioner was duly informed that he is not eligible to give examination; however, the University has tried to improvise its stand by filing an affidavit which, in view of the settled position of law as enunciated by the Apex Court in paragraph 4 of the judgment in the case of State of Punjab vs. Bandeep Singh & Ors. Reported in (2016) 1 SCC 724, is impermissible. It is submitted that the contents of the affidavit are nothing, but an afterthought theory with a view to marring the case of the petitioner. The stand of the University that remedial examination is available to the petitioner, as the petitioner has failed in one of the subjects; the same would grossly affect the career of the petitioner inasmuch as, the petitioner will carry two marksheets for the same subject, for no fault of him.