PRITAM CHAND AND ORS. Vs. THE DIRECTOR, STATE COUNCIL FOR TECHNICAL EDUCATION AND VOCATIONAL TRAINING AND ORS.

JUDGEMENT

(1.) In the above captioned writ petitions the petitioners have challenged the arbitrary action of the opp. Parties by not allowing them to appear in the Semester Examinations and have sought for a direction to the opp. Parties to allow them to appear in the examination, to publish their result and issue certificates in the event of their passing the examination. Since both the matters relate to a common question of law and based on almost similar facts, they are being disposed of by this common judgment.

(2.) In W.P.(C) No. 28027 of 2013 factual matrix leading to the case of petitioner is that he was admitted to the Three year Diploma Course in Electrical Engineering in Balasore School of Engineering in the year 2006. He completed the course and appeared at the First semester examination in the year 2007 and thereafter could not appear in the examination in two successive chances due to family disturbance and prolong illness of his parents. He appeared at all six Semester examinations in the year 2012 on being allowed by the authorities and passed all the Semesters except 1st Semester in which he got only one paperback i.e. PH3 Engineering Physics. It is alleged inter alia that he was awarded 13 marks out of 100, but he applied for re-checking of the paper as his preparation was good and not expected to get such less mark. The opp. Party no.2 intimated on 11.9.2013 that there is no chance of further marks to be added in the said subject. As the petitioner was declared fail in that particular subject he filled up the form and expressed his desire to appear in further examination to be held from 4.1.2014. He approached the opp. Parties including the school authorities to appear in the examination to clear up the back paper, but the admission was returned. According to him, some other students in similar footing were allowed to appear in the examination to clear the back papers. Since the concerned authorities refused to admit him to appear in the examination, he filed the present writ petition seeking relief to direct the opp. Parties to allow him to appear in the said back paper, to declare his result, issue certificate and mark sheets accordingly.

(3.) In W.P.(C) No. 4907 of 2014 the backdrop of the case of petitioner is that the petitioner was admitted to Three Year Diploma Course in Architectural Assistantship in Women's Polytechnic, Bhubaneswar (Now Govt. Polytechnic) in the year 2006. She successfully completed the course and also appeared in the 2nd Semester examination in the year 2007, but to her ill luck she could not clear the examination in two successive chances. It is alleged inter alia that she had appeared in all six Semester examination and completed same except Th-2, Building Construction-1 of 2nd Semester and Th-2 Building Services of 4th Semester. She appeared in the examination within 2013 in all Semesters. Of course there is a gap between the Semesters she appeared because of her illness and family disturbances. It is alleged inter alia that when she applied to appear in the back papers to be held in the 1st week of April, 2014 the opp. Parties including the concerned authorities refused her to fill up the form to appear in the back paper examination in the said subjects. She learnt that few other students in the similar circumstances were allowed to appear to clear their back papers even after seven years lapsed from the date of their admission to the course. Finding no other way she approached this Court seeking necessary direction to the opp. Parties to allow her to appear in the back papers, to declare the result and issue certificate as well as mark sheet accordingly.