Himachal Pradesh High Court
Divyanshu vs Himachal Pradesh University. & Ors on 24 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 8522 of 2022 .
Decided on: 24.05.2023
Divyanshu ...Petitioner
Versus
Himachal Pradesh University. & Ors. ...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice. Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? 1 No. For the Petitioner : Mr. Tek Chand, Advocate.
For the Respondents : Mr. Shourya Sharma, Advocate, for respondent No. 1.
Mr. Anup Rattan, A. G. with Mr. Y. W. Chauhan, Sr. Addl. A.G., Mr. Ramakant Sharma, Ms. Sharmila Patial, Addl.
A.Gs., Ms. Priyanka Chauhan, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for respondent No. 2.
Mr. Vikrant Chandel, Advocate, for
respondent No. 3.
Tarlok Singh Chauhan, A.C.J. (Oral)
The instant petition has been filed for grant of the following substantive reliefs:-
a) That the respondents may be directed to decide the representation i.e. Annexure P-3 within a time bound manner.1
Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 29/05/2023 20:31:00 :::CIS 2
b) Respondents may be directed to grant the marks of internal assessment and practical in the subject of music.
.
2. The petitioner was a student of BA 2nd year with subject Music as major and History as minor subject in the Session 2021-22 in the respondent college. The petitioner would claim that even though he attended the classes regularly but respondent No. 3, who was music teacher, did not mark his attendance on the pretext that there was no record pertaining to the petitioner's admission. However, as per respondents No. 2 and 3, the petitioner never attended any class between 23.08.2021 to 06.10.2021, because of which, his name was ordered to be struck off from the College rolls on 08.10.2021.
3. It is the case of the College that thereafter the petitioner never approached the teacher for re-admission, hence, his attendance in BA 2nd in all paper of music was nil and accordingly his attendance was zero out of 5 (0/5). It is the further case of the College that the petitioner never submitted assignment of any of the five papers of music and accordingly he was again assigned zero out of five marks (0/5). It is also the case of the College that the petitioner was not permitted to appear in house examination as he was not eligible for the same as his name was already struck off from the College rolls.
::: Downloaded on - 29/05/2023 20:31:00 :::CIS 34. Lastly, it is the case of the College that the petitioner did not appear in practical examination and was, thus, given zero .
out of 35 marks (0/35). As per the Himachal Pradesh University norms, student failing in Internal Assessment (having less than 35% marks) and in the practical examination (having less than 35% marks) is not eligible to appear in final examination.
Therefore, his roll number slip was never generated by the H.P. University and he was not eligible to appear in final examination and his status was shown as failed.
5. Thus, what appears from the record is that the petitioner never attended any class between 23.08.2021 to 06.10.2021 and he did not submit any assignment for any of the five papers of Music and, thus, was awarded zero out of five marks (0/5). He was not eligible for appearing in the house examination and, thus, was awarded zero out of five marks (0/5) in all the papers and, hence, his internal assessment was zero out of fifteen marks (0/15) (0-Attendance, 0-Assessment, 0- House Exam) in all papers. In accordance with the H.P. University norms, the student was required to have minimum 35% marks (6/15), failing which the University Portal would not allow the candidate to enter his name.
::: Downloaded on - 29/05/2023 20:31:00 :::CIS 46. The petitioner did not appear in the practical examination for the papers of Music, so his marks in the internal .
papers were zero out of 35 marks.
7. As per the University norms, the student, who fails in Internal Assessment (having less than 35% marks) and in the practical examination (having less than 35% marks) is not eligible to appear in the final examination. Therefore, the roll number slip was not generated by the H.P. University and he was not eligible to appear in the final examination and, thus, his status was rightly shown as failed.
8. The learned counsel for the petitioner would then argue that the College has discriminated against the petitioner, which contention again merits no consideration. The petitioner's College has quoted the example of Rohit, Abhay and Aditya, but as far as they are concerned, they too did not even enter their names in the class during the Session.
9. As regards the case of Ms. Simran, her name was also struck off from the College rolls on 08.10.2021 due to zero attendance between 23.08.2021 to 06.10.2021. It was on account of zero attendance that said Ms. Simran got herself re-
admitted and enrolled back in the same class on 11.10.2022.
Thereafter, she attended five classes during the remaining session.
::: Downloaded on - 29/05/2023 20:31:00 :::CIS 510. As regards the example quoted of one Ms Sapna, she attended 48 lecturers out of 60 during the Session 2021-22 and .
being eligible, her name was never struck off from the roll.
11. In view of the aforesaid discussion, we find no merit in this petition and the same is accordingly dismissed, so also pending applications, if any. Parties are left to bear their own costs.
(Tarlok Singh Chauhan)
r Acting Chief Justice
(Virender Singh)
24th May, 2023 Judge
(sanjeev)
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