Punjab-Haryana High Court
Nadia Dhiman vs B F U H S Etc on 1 May, 2015
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CWP No. 8464 of 2015 1
In the High Court of Punjab and Haryana at Chandigarh.
1. CWP No. 8464 of 2015
Decided on 01.5.2015
Nadia Dhiman
--Petitioner
Vs.
Baba Farid University of Health Sciences and others --Respondents
2. CWP No. 8551 of 2015 Decided on 01.5.2015 Parvesh Bhuria
--Petitioner Vs. Baba Farid University of Health Sciences and others --Respondents
3. CWP No. 8552 of 2015 Decided on 01.5.2015 Priyanka Sharma --Petitioner Vs. Baba Farid University of Health Sciences and others --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Whether Reporters of Local Newspapers may be allowed to see the judgment ?
To be referred to Reporters or not ?
Whether judgment should be reported in the Digest ? RIKHI RAM 2015.05.06 14:34 I attest to the accuracy and autthenticity of this document dgd CWP No. 8464 of 2015 2 Present: Mr.M.K.Singla,Advocate, for the petitioners (in CWP Nos.8464 and 8551 of 2015) Mr.Saurav Verma, Advocate, for the petitioners (in CWP No.8552 of 2015) Mr.Anupam Gupta, Sr.Advocate, with Mr.Gautam Pathania, Advocate, for the respondents in all the cases.
Rakesh Kumar Jain,J: (Oral) This order shall dispose of three petitions bearing CW.P.No.8464 of 2015 titled as Nadia Dhiman Vs. Baba Farid University of Health Sciences and others; CW.P.No.8551 of 2015 titled as Parvesh Bhuria Vs. Baba Farid University of Health Sciences and others and CW.P.No.8552 of 2015 titled as Priyaka Sharma Vs. Baba Farid University of Health Sciences and others, as common question is involved therein, but for the sake of convenience, the facts are being extracted from CWP No.8464 of 2015.
Nadia Dhiman has filed this petition for the issuance of a writ in the nature of certiorari for quashing the letter dated 29.4.2015 issued by the Controller of Examination, Baba Farid University of Health Sciences, by which her Examination Centre has been shifted just four days before the date of examination, In short, it is submitted that she is a student of 4th year BDS Course of National Dental College and Hospital, Gulabgarh, Derabassi and her examinations are being conducted by Baba Farid University of Health Sciences, who has issued the Date Sheet for holding the examinations of M.B.B.S and B.D.S. The examination is to start from 04.5.2015 and till 28.4.2015, her Examination Centre was in her college but on 29.4.2015 at RIKHI RAM 3.51 p.m., the University sent e-mail to the college of the petitioner, 2015.05.06 14:34 I attest to the accuracy and autthenticity of this document dgd CWP No. 8464 of 2015 3 intimating the centre of the Examination Centre to Rattan Professional Educational College, VPO Sohana, Mohali. She has alleged that there is no reason given by the University for the sudden change of the centre which has caused a lot of harassment to her and other students of her college because the distance between Derabassi and Sohana is of 1-½ hours by road. The petitioner's college has an Examination Hall with sitting capacity of 500 students, fully equipped, where the examinations are being conducted from the last about fifteen years and the change of centre, on the eve of the examination, would have an adverse effect on the mind and preparation of the petitioner. It is submitted that the examination centre of the students of Guru Nanak Dev Dental College and Research Institute, Sunam was shifted from Patiala to Sunam. They staged a dharna and blocked the road and due to that reason, the respondent University has changed their centre from Patiala to Sunam and since the petitioner has not resorted to such activities, therefore, she has been made to suffer. It is also submitted that even otherwise, there are five other colleges at Zirakpur and Lalru which could be as the centre of examination which is a place near to the petitioner's college.
Learned senior counsel appearing on behalf of the University has submitted that the entire exercise of change of centre is carried out by the University to maintain the "integrity" of the examination. He has also referred to a letter dated 28.4.2015, written by the Vice Chancellor to the Minister of Medical Education & Research, Punjab in which the Vice Chancellor has averred that there are 10 Medical Colleges, 16 Dental Colleges & 109 Nursing Colleges affiliated with the University. Since 2001 till 2014, the University used to delegate the responsibility of conducting RIKHI RAM 2015.05.06 14:34 I attest to the accuracy and autthenticity of this document dgd CWP No. 8464 of 2015 4 examinations to the Principals of respective colleges but it is general feeling that the Internal & External examiners who were deputed to conduct the examination were at the whims and fancies of the Principals, even if the relatives of Principals appear in the examination which is not as per rules and the possibility of influence upon the Internal & external examiners, to fail or pass, not on the basis of capability of students but because of various extraneous factors was there. Thus, it is proposed to put efforts to have examination, which is controlled by the University and both Internal & external examiners, who are eligible as per the regulations, be deputed for the exams and the extraneous factors which influence the examiners should be weeded out.
With these objects in mind, the Vice Chancellor has created total nine centres in the entire State of Punjab for the purpose of holding the examinations of M.B.B.S and B.D.S. He also handed over a chart of all the nine centres where all the colleges, affiliated to the University, would hold their examinations outside the college, except Guru Gobind Singh College, Faridkot, because it is situated in the University otherwise, Adesh Institute of Dental Sciences & Research, Bathinda, which is at a distance of 50 K.M, Genesis Institute of Dental Sciences & Research, Ferozepur, which is a distance of 40 K.M are having Centre at Faridkot. He also pointed out that the distance between Derabassi and Sohana is about 35 K.M. He also also referred to a letter dated 30.4.2015, issued by the Controller of Examinations, addressed to all the Principals of Medical and Dental Colleges, affiliated with the University regarding arrangement of Transportation. It is stated at the bar that in case, there is any difficulty with regard to transportation, the expenses incurred by the Colleges would RIKHI RAM 2015.05.06 14:34 I attest to the accuracy and autthenticity of this document dgd CWP No. 8464 of 2015 5 be borne by the University.
In so far as Guru Nanak Dev Dental & Research Institute, Sunam is concerned, the University has allowed the centre to be retained at Sunam instead of Patiala because the distance was about 70 k.m. on one side.
After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, I am of the considered opinion that the petitioner does not have any thing to complain except for the time is to be consumed in her travelling from Derabassi to Sohana which has been addressed by the respondents/University, vide letter dated 30.4.2015 written to the Principals of the Colleges, for providing transportation to the students to reach the examination centre before the commencement of examinations and with this assurance, the petitioner should not have any grievance.
In view of the above, I do not find any merit in these writ petitions and the same are hereby dismissed.
01.5.2015 (Rakesh Kumar Jain)
rr Judge
RIKHI RAM
2015.05.06 14:34
I attest to the accuracy and
autthenticity of this document
dgd