SAQLAIN MUJTABA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) The petitioner is a student of Bachelor of Engineering/B Tech. and is pursuing the 7th Semester of the said course. It is stated that the petitioner submitted online form along with examination fee of Rs.2,829.00 for appearance in three subjects i.e. Building Drawing, Basic Electrical Engineering and Surveying. The said fee was paid by the petitioner on 27/1/2021. The petitioner claims to have been allotted link, by which the petitioner appeared in online examination and the result was declared on 3/12/2021 but the result of the petitioner was withheld and when the petitioner approached the respondents, he was told that the petitioner has not paid the examination fee and the petitioner produced the bank statement which showed that he paid the examination fee of Rs.2,829.00 on 27/1/2021 along with examination form but the respondents refused to declare its result on the ground that the said amount has not reached in the account of the University. The bank authorities also failed to submit the details of the account in which the amount was deposited/transferred by the petitioner. The case of the petitioner is that the petitioner cannot be made to suffer for any network and technical fault in submission of application form/examination fee as it was beyond the control of the petitioner. The petitioner claims to have submitted a representation in this regard to the University but the same has not been decided.

(2.) On the basis of these facts, the petitioner has filed the present petition for directing the respondents to declare the result of the petitioner for 3rd Semester of B. Tech/BE having Roll No. 181406013 in Civil Engineering which has been withheld by the University and a prayer has also been made by the petitioner to direct the respondents to accept the examination fee as already paid on 27/1/2021 or to accept fresh fee along with late fee from the petitioner. The petitioner has also placed on record the screen shots of the email links as also certain other documents to substantiate his plea.

(3.) The respondents have filed the objections wherein it has been stated that the petitioner failed in three subjects namely, Building Drawing, Basic Electrical Engineering and Surveying. The petitioner was supposed to fill up his examination form online/offline in January, 2021 for appearing in the examination which has been conducted in the month of July, 2021. The petitioner did not submit his application form online/offline as per the record available with the University. However, the petitioner appeared in the examination by using link of another candidate as the examination for 3rd Semester was conducted online. The respondents claim to have verified the record and as alleged by the petitioner that he submitted his application form along with examination fee is not borne from the record. It is also stated that the University Authorities have maintained pages of all the candidates registered with the University for filling up their examination forms along with fee and in this behalf regarding the page of the petitioner maintained by the University, there is no deposit of fee on 27/1/2021 as alleged by the petitioner and the University has received the examination fee of the petitioner in the year, 2021 two times, i.e. 31/12/2021 and 28/11/2021 for his appearance in the examination of different semesters. It is also stated that the University informed all the candidates of BE/B. Tech who had not filled up their examination forms either online or offline for the examination held in 2021 and whose results have been kept withheld that their results have been erased from the record vide notification dtd. 25/9/2021. Since the petitioner was falling under the said category, so his result has also been erased in terms of said notification. It is further stated that the amount of Rs.2,829.00 alleged to have been deposited by the petitioner nowhere exists in the fee structure provided by the University. The respondents have placed on record the page of the petitioner maintained by the respondents, his fee schedule and also the copy of the notification dtd. 25/9/2021.