Jharkhand High Court
Anushka Jain vs The State Of Jharkhand on 24 February, 2026
Author: Rajesh Shankar
Bench: Rajesh Shankar
2026:JHHC:5435-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 530 of 2025
With
I.A. No. 9821 of 2025
Anushka Jain, D/o Sri Ajeet Kumar Jain, R/o Shalimar City, Gajiabad,
PO & PS-Sahibabad, District-Gajiabad, Delhi NCR, At Present: BIT
Mesra, Hostel No. 9, PO & PS-Mesra, District-Ranchi
... ... Appellant
Versus
1. The State of Jharkhand
2. The Registrar, Birla Institute of Technology, BIT Mesra, PO & PS-
Mesra, District-Ranchi
3. The Professor and Head (Vice HOD), Department of Chemical
Engineering, BIT Mesra, PO & PS-Mesra, District-Ranchi
4. The Head of the Department and Dean (UGS)/Dean (PGS), PO &
PS-Mesra, District-Ranchi
5. The Secretary, Department of Higher Education & Literacy, Dhurwa,
Ranchi ... ... Respondents
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Appellant : Mrs. Rashmi Kumar, Advocate Ms. Mahi, Advocate For the Respondent Nos.2 to 4 : Mr. Srijit Choudhary, Advocate Mr. Aayush Ojha, Advocate Mr. Chiranjeev Mahto, Advocate Ms. Tanya Rai, Advocate
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Order No. 06 Dated: 24.02.2026 I.A. No. 9821 of 2025
1. Heard Mrs. Rashmi Kumar, learned counsel (under the Legal Aid Scheme) for the applicant and Mr. Srijit Choudhary, learned counsel for the respondent nos. 2, 3 and 4. The State has been served and, in any event, is a formal respondent.
2. This I.A. seeks condonation of delay of 212 days in instituting this appeal.
3. The applicant has pleaded that she applied to the Jharkhand High Court Legal Services Committee/Authority for legal aid since she is a student and this matter concerns continuing her education. Such legal aid was granted but the counsel appearing under the legal aid panel 1 2026:JHHC:5435-DB requires certain papers/documents for taking necessary steps to institute this appeal.
4. For this, inspection of files had to be taken. Some of the files were not easily traceable. Ultimately, the appeal memo was prepared and filed after delay of 212 days.
5. Upon cumulative consideration of the cause shown, we condone the delay. The cause shown is sufficient in the circumstances because the applicant is a student who had to institute this appeal by taking legal aid.
6. Accordingly, the delay is condoned and this I.A. is disposed of. L.P.A. No. 530 of 2025
7. Heard learned counsel for the parties.
8. By the above order, we have condoned the delay in instituting this appeal. Now, with the consent of and at the request of learned counsel for the parties, we take up the appeal for final disposal.
9. Ms Rashmi Kumar, learned counsel for the appellant (appearing under the Legal Aid Scheme), submits that at the time when the appellant was admitted to the Birla Institute of Technology, Mesra, Ranchi, for the Session 2021-25, there was no rule which prevented her for answering the 7th Semester even though she had more than three backlogs in previous semesters. She submitted that such a rule was introduced on 13.08.2024 and should not be given a retrospective effect.
10. Ms Rashmi Kumar submitted that under the interim order of this Court, the appellant appeared for all except one paper of the 7th Semester. Those results are not yet declared. Therefore, she submitted that a direction should be issued for the declaration of those 2 2026:JHHC:5435-DB results, and further, the appellant may be allowed to answer the only remaining paper for the 7th Semester.
11. Ms Rashmi Kumar further submitted that the appellant was not averse to clearing the backlogs of previous semesters, and that if there was any provision for online examinations, the benefit of such a provision should be extended to her.
12. On the above grounds, Ms Rashmi Kumar submitted that this appeal be allowed and the relief as now prayed for be granted to the appellant.
13. Mr Srijit Choudhary, learned counsel for the respondent nos. 2 to 4 submitted that the institute has extended all possible co-operation to the appellant. However, he submitted that unless the appellant clears the 9 backlogs of the previous semesters, there is no point in allowing her to answer the 7th Semester. He submitted that even if the appellant clears the 7th Semester, no degree can be issued to her unless she clears the previous 9 backlogs. He submitted that, in such circumstances, students are allowed to appear in examinations for backlogs along with other students, and upon clearing those backlogs and the future examinations, students are allowed to register for the 7th Semester. He submitted that even now, the appellant is at liberty to avail this course of action. He submitted that, to the best of his knowledge, there is no facility to take examinations online.
14. For all the above reasons, Mr Srijit Choudhary submitted that this appeal may be dismissed.
15. The rival contentions now fall for our determination.
16. The records in this case show that, even before the appellant reached the 7th Semester, she had about 9 backlogs. Even the appellant 3 2026:JHHC:5435-DB accepts that unless the backlogs are cleared, there is no question of her receiving a B. Tech degree from BIT, Mesra.
17. Though we do not wish to decide finally on the issue of whether or not the bar to appear in the 7th Semester examination will apply in the case of the appellant, who was admitted to the B. Tech course in 2021 based upon the rule introduced in 2024, still, once it is accepted that the appellant has to clear the backlogs, we see no point in simply allowing her to answer the 7th Semester examination. Even if the appellant clears this examination, she would not be entitled to any degree unless she clears the 9 backlogs that she has accumulated.
18. As submitted by Mr Srijit Choudhary, it is not as if the appellant will not be allowed to take the examinations with other students to clear the backlogs. Even today, it is open to the appellant to appear for the examinations, clear the backlogs and then secure registration for the 7th Semester. This statement is accepted, and the appellant is free to avail of this liberty.
19. Insofar as answering on-line examination is concerned, Mr Srijit Choudhary had made a guarded statement that, to the best of his knowledge, there are no such rules allowing the answering of online examinations. Therefore, we direct that if at all the rules permit and if examinations are indeed being held in the online mode for all other students, then this benefit should be extended to the appellant as well.
20. However, there is no question of issuing any directions to the BIT, Mesra, to permit the appellant to answer the examinations for clearing the 9 backlogs by online mode if the rules or practice do not permit the same. There is no question of the appellant insisting upon the 4 2026:JHHC:5435-DB special provisions for herself on the spacious plea that she has no less than 9 backlogs and therefore, she constitutes a class by herself.
21. The above is the maximum relief that we can extend to the appellant in this matter. We do so. However, other reliefs sought by the appellant are not supported by any legal provisions or based on an interpretation of the existing legal provisions. Therefore, we are unable to grant such other reliefs as claimed by the appellant.
22. With the above liberty, we dispose of this petition without any order for costs.
23. However, before we part with this matter, we thank Ms. Rashmi Kumar for her best efforts on behalf of the appellant. She argued every point very ably in this matter. Though we may not have agreed with her contentions, we are unanimous in complimenting her. Even Mr Chaudhary argued the matter fairly and explained that, despite all sympathy for the Petitioner, no further indulgence could be extended.
24. The Jharkhand State Legal Services Authority must ensure that Ms Rashmi Kumar's fees, in accordance with the rules, are paid expeditiously. These fees are in addition to the gratitude that we expressed to her.
(M. S. Sonak, C.J.) (Rajesh Shankar, J.) February 24, 2026 Manish/Ritesh N.A.F.R Uploaded on 26.02.2026 5