ARPITA BISEN Vs. M P BHOJ OPEN UNIVERSITY

JUDGEMENT

(1.) THE petitioner who had approached this Court in the year 2009 had initially sought a relief of a direction to the respondent University to forthwith conduct a special examination of M.Sc Previous (Botany) Course and allow her to appear in it. THE petitioner in the alternative has sought relief of awarding compensation to the tune of Rs. 5 lacs only for causing undue mental agony and hardship and for wasting one precious year of the petitioner.

(2.) THE brief facts, leading to the filing of the present petition, are that the petitioner, who was a Science Graduate i.e. B.Sc (Biology) with Bio-Technology as a subject, applied for admission in M.Sc (Botany) Course for which applications were invited by the respondent University by information brochure published for the year 2008-09. THE petitioner deposited her Form with the respondents on 26-2-2009 along with the requisite fees of Rs. 6,900/- and was granted admission in the M.Sc (Botany) Course. THE petitioner was also permitted to participate in the practical examination held sometime in the month of June-July, 2009. In August, 2009 the respondent University published the schedule for M.Sc (Botany) Previous Examination which was notified to be held from 25-9-2009 to 7-10-2009 which date was later deferred to 5-10-2009.

(3.) IT is submitted by the learned counsel for the petitioner that the petitioner has lost one valuable academic year on account of the casual and negligent act on the part of the respondent-University and in such circumstances the petitioner is entitled to cost and compensation to the tune of Rs.5 lacs on that count. The learned counsel has relied upon the decision of this Court rendered in the case of Board of Secondary Education, Bhopal vs. Rakesh Kewat and another, 2010(1) MPLJ 181 = 2009 (5) MPHT 178; Madan Singh Thakur vs. Board of Secondary Education M.P., Bhopal, 2010(4) MPLJ SN 7 and Prem Ratan Agrawal vs. Board of Secondary Education, Bhopal and others, 2002 (2) MPLJ 588.