J&K&L High Court Orders University To Compensate BA Student Wrongly Declared 'Failed' Despite Passing Marks

The case stemmed from petitioner’s fifth semester examination during the 2017-18 session, where he was initially marked as failed in the General English paper for obtaining only 27 marks, falling short of the required pass mark of 38. Upon discovering that one of his answers had not been evaluated, he applied for re-evaluation, which resulted in him being credited with 40 marks.

However, the University, citing a rule pertaining to revaluation marks, reduced his marks from 40 to 34, declaring him as failed again and mandating him to re-appear for the exam. He eventually passed the re-examination.

A Bench of Justice Javed Iqbal Wani directed the University to compensate him with ₹1 lakh for the injustice he suffered. The Court said, “the illegality and arbitrariness on the part of the respondents is manifest and writ large, besides being patently wrongful, undoubtedly constituting a fit case for grant of compensation in favour of the petitioner and the Court being conscious of the fact that there is no quantification based on actual loss, but then the award of damages to the petitioner payable by the Respondent-University is in Public Law.”

The Court further added, “Viewed thus, what has been observed, considered and analyzed hereinabove, the instant petition is disposed of with a direction to the Respondent-University to pay an amount of Rupees One lakh to the petitioner as damages within a period of four weeks from the date of passing of this order, failing which the amount would carry an interest @ 6% per annum apart from any other legal remedy as may be available to the petitioner.”

Advocate Bhat Fayaz Ahmed appeared for the Petitioner and Senior Advocate Syed Faisal appeared for the Respondents.

Petitioner filed a petition before the High Court, arguing that his rights were violated by the arbitrary application of an undisclosed rule to diminish his marks and necessitate a re-examination.

In response, the University contended that he had no grounds for relief under the writ jurisdiction of the High Court, asserting that none of his rights were infringed upon.

The Court dismissed the University's defense, ruling that the rule invoked to reduce his marks was inapplicable in his case. The Court found the University's actions to be arbitrary and illegal, causing significant prejudice to him by compelling him to undergo a re-examination despite securing passing marks upon re-evaluation. The Court said, “the mindless action of the respondents for having applied the statute supra wrongly to the case of the petitioner pertaining to the paper in question inasmuch as compelling the petitioner to reappear in the examination again disregarding the marks secured by the petitioner in the paper in question after re-evaluation / re-checking is apparent and the petitioner thus cannot be left remediless and the very grounds noticed in the preceding paragraphs, therefore, necessitates that the petitioner be compensated by payment of damages in Public Law on the basis of the principles laid down by the Apex Court in a series of judgements”

Consequently, the Court ordered the University of Kashmir to pay ₹1 lakh as compensation within four weeks.

Cause Title: Abdul Basit v. University of Kashmir & Anr.

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