The Punjab and Haryana High Court has intervened to ensure that a final year LLM student, currently under arrest on murder charges, can attend his crucial second-semester examinations.

The Single-Judge Bench of Justice Vikas Bahl emphasized the potential irreparable harm to the petitioner's career if he were denied the opportunity to complete his academic course.

The petitioner, identified as a meritorious student with an LLB degree from Chandigarh University and an impressive academic record, had moved the High Court after a Trial Court initially refused him permission to appear for his exams. The Trial Court's decision was primarily based on procedural grounds, citing the absence of an 'admit card' issued by the University—a requirement that the university clarified was unnecessary as per their norms.

While referring to judicial precedents, the Court underscored the petitioner's fundamental right to education, and said that denying him the chance to sit for exams would jeopardize his academic pursuits and future prospects. It also acknowledged the petitioner's academic achievements, including multiple online courses from international universities, reinforcing his commitment to his legal education despite the pending legal issues and called him a "meritorious student".

"The petitioner has done 25 courses from various Foreign Universities relevant to his legal studies," the Court noted.

The Counsel for the Petitioner submitted that he is 24 years of age and is a student of LLM, Final Year at Amity University, Mohali, Punjab and that he has been falsely implicated in FIR No. 39 dated May 10, 2024, registered under Sections 302 and 120B of the IPC, at Police Station Aerocity, Mohali. The Counsel contended that the University's own regulations allowed students to attend exams by presenting their student ID cards, a fact crucial to overturning the lower court's decision.

"Keeping in view the above-said facts and circumstances, this Court is of the view that in case the petitioner is not permitted to give the said exams, then, the same would cause irreparable loss to the petitioner, inasmuch as, he will not be able to complete his LLM (Corporate Laws) and the same would jeopardize his future, therefore, the present petition is allowed and the impugned order dated 14.06.2024 is set aside with the following directions," the Single-Judge ordered.

The Bench directed the state to facilitate the petitioner's secure transportation from the district jail to the examination center. The Court ordered the deployment of adequate police personnel to ensure the petitioner's safe transit, examination attendance, and subsequent return to custody. "Respondent No.2 would depute adequate number of police personnel for taking the petitioner from District Jail Rupnagar to the Examination Centre at Amity University, Sector 82-A, SAS Nagar, Mohali on the days on which the four exams, the details of which have been given hereinabove, are to be held. Since each of the four exams would be starting at 10.15 AM, the concerned police personnel would take the petitioner to the examination centre at a time so as to reach the examination centre by 09.15 AM so that the petitioner has adequate time to appear in the exams," the Court said in its order.

To operationalize the Court's directions, several other conditions were stipulated: the petitioner has been directed to deposit a sum of Rs. 75,000 as directed by the state; the university has been mandated to permit the petitioner's participation in all four scheduled exams upon verifying his identity card; and police escorts have been directed to maintain continuous vigilance over the petitioner during the examinations to prevent any potential escape.

"Respondent No.3-University is further directed to ensure that the police personnel accompanying the petitioner are allowed to sit in a place where the petitioner is visible to them through out the duration of the examination and even the concerned police personnel are directed to keep a strict vigil on the petitioner so that the petitioner does not escape," the Court directed.

Cause Title: Prabal Titus v. State of Punjab and Others [Neutral Citation: 2024:PHHC:080312]

Appearance:-

Petitioner: Advocate Kanwalvir Singh Kang

Respondent: Senior Advocate N.S. Diwana (DAG Punjab), Advocate Deepak Singh Saini

Click here to read/download the Judgment


Justice Vikas BahlPunjab & Haryana High CourtLLM

Sukriti Mishra