Madhya Pradesh High Court
Aman Yadav vs The State Of Madhya Pradesh on 18 January, 2022
Author: Chief Justice
Bench: Ravi Malimath, Pranay Verma
1
IN THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH
BENCH AT INDORE
ON THE 18th OF JANUARY, 2022
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PRANAY VERMA
WRIT PETITION No. 1185 of 2022
Between:-
AMAN YADAV S/O SHRI RAJENDRA YADAV ,
AGED ABOUT 25 YEARS, OCCUPATION:
STUDENT 119, REWA BAI BAGH MHOW
DISTRICT INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAYANK VERMA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HIGHER EDUCATION
DEPARTMENT COMMISSIONER OFFICE 5TH
FLOOR SATPURA BHAWAN (MADHYA
PRADESH)
2. STATE OF M.P. THROUGH DISTRICT
COLLECTOR DISTRICT COLLECTOR OFFICE,
MOTI TABELA ROAD, MARUTI CHAMBER,
CHHATRIBAGH INDORE (MADHYA PRADESH)
3. DEVI AHILYA VISHWAVIDYALAYA THROUGH
VICE CHANCELLOR NALANDA CAMPUS,
R.N.T., RABINDRANATH TAGORE MARG,
CHHOTI GWALTOLI INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI PUSHYAMITRA BHARGAVA, ADDITIONAL ADVOCATE
GENERAL FOR RESPONDENTS NO.1 AND 2 AND SHRI AKASH
SHARMA, ADVOCATE FOR RESPONDENT NO.3)
WRIT PETITION No. 1262 of 2022
Between:-
RAJENDRA NAHAR S/O SHRI AMRITLAL
NAHAR, AGED ABOUT 37 YEARS,
OCCUPATION: STUDENT 146, VIKAS NAGAR
INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANISH YADAV, ADVOCATE)
Signature Not Verified
SAN AND
Digitally signed by REENA JOSEPH
Date: 2022.01.19 12:45:53 IST
2
1. DEVI AHILYA VISHWAVIDHYALAYA INDORE
KULPATI R N T MARG INDORE (MADHYA
PRADESH)
2. REGISTRAR DEVI AHILYA
VISHWAVIDHYALAYA INDORE R.N.T. MARG
INDORE (MADHYA PRADESH)
3. PAREEKSHA NIYANTRAK DEVI AHILYA
VISHWAVIDHYALAYA INDORE R.N.T. MARG
INDORE (MADHYA PRADESH)
.....RESPONDENTS
( SHRI AKASH SHARMA FOR RESPONDENTS)
WRIT PETITION No. 1342 of 2022
Between:-
1. SACHIN MAHESHWARI S/O SHRI SURESH
CHANDRA MAHESHWARI, AGED ABOUT 47
Y E A R S , OCCUPATION: BUSINESS 387A
PLOUDEN ROAD MHOW (MADHYA PRADESH)
2. MR. LAVEEN S/O VIJAY OWHAL, AGED ABOUT
33 YEARS, OCCUPATION: SERVICE 175 A SAI
KRIPA COLONY INDORE (MADHYA PRADESH)
3. MR. INDER S/O RAVINDRA SINGH, AGED
ABOUT 33 YEARS, OCCUPATION: SERVICE 245
SAI VIHAR COLONY, RAU INDORE (MADHYA
PRADESH)
4. MR. SURESH S/O DEVILAL RATHORE , AGED
ABOUT 28 YEARS, OCCUPATION: BUSINESS 54
DHAR KOTHI RESIDENCY AREA INDORE
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SHAILLEY KHATRI, ADVOCATE)
AND
1. DEVI AHILYA VISHWA VIDHYALAY
THROUGH. VICE CHANCELLOR INDORE
(MADHYA PRADESH)
2. STATE OF M.P. PRINCIPAL SECRETARY
VALLABH BHAVAN BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI AKASH SHARMA, ADVOCATE FOR RESPONDENT NO.1
AND SHRI PUSHYAMITRA BHARGAVA, ADDITIONAL
ADVOCATE GENERAL FOR RESPONDENT NO.2 )
(Heard through Video Conferencing)
Signature Not Verified
SAN
This petition coming on for orders this day, Hon'ble Shri Justice Ravi
Digitally signed by REENA JOSEPH
Date: 2022.01.19 12:45:53 IST
3
Malimath, Chief Justice passed the following:
ORDER
The sum and substance of the plea of the writ petitioners in all these cases is that due the spread of Covid-19 and other related viruses, the students are not in a position to take the scheduled exams, which are going on and in some cases which have already been held today, yesterday or earlier.
Their primary contention is that in case if they come out to write the exams, they are likely to be infected. The Government themselves have issued various guidelines so far as the Government colleges are concerned, however, so far as the instant University namely the Devi Ahilya Vishwavidyalaya is concerned, no such direction is issued.
The plea of the State is that they have left it to the discretion of the University. Various contentions are urged on behalf of the learned counsels for the petitioners, as well as the State and University. Presently, a notification of the University dated 17.01.2022 is placed for consideration. Clause 1 of the same would read that those who have been infected with Covid-19 and those who cannot leave their town because of Covid-19, then for such students, a re- examination would be conducted. However, Clause 2 would read that such students would have to produce their certificates for proof of infection. Therefore, it is contended that the production of proof of infection is as good as diluting Clause 1 that if the students are unable to produce the certificate, either because somebody in their family are infected due to Covid-19 or Covid-19 related issues, then they would not get the benefit of that circular. Secondly, the very purpose of ensuring that they are not contacted with this virus is defeated.
To this extent, the learned counsel for the University submitted that so far as the Clause 2 is concerned, that is only mandatory and it is not necessary for them to produce the proof of such certificates. In case the students do not attend the exam due to Covid-19 or Covid-19 related issues, then a new exam will be conducted for them, subject to the guidelines of the University and therefore, the production of a certificate to the said extent by the concerned students, is not mandatory.
To this extent, learned counsels for the petitioners submit that in view of Signature Not Verified SAN the undertaking by the learned Additional Advocate General there are no further Digitally signed by REENA JOSEPH Date: 2022.01.19 12:45:53 IST 4 grievance in the matter. The University circular dated 17.01.2022 is taken on record as well as the submissions of the learned Additional Advocate General.
The circular will also be effective from the date of the circular namely 17.01.2022, so it is applicable even for the exams that has been held on 17.01.2022 onwards.
Writ Petitions are disposed off accordingly.
(RAVI MALIMATH) (PRANAY VERMA)
CHIEF JUSTICE JUDGE
RJ
Signature Not Verified
SAN
Digitally signed by REENA JOSEPH
Date: 2022.01.19 12:45:53 IST