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J&K High Court: Fundamental Right to Education Doesn’t Cover to Ineligible Exam Candidates

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LI Network

Published on: November 21, 2023 at 03:45 IST

In a recent judgment, the Jammu and Kashmir and Ladakh High Court has made a crucial distinction between the fundamental right to education and the necessity of meeting academic prerequisites for exam eligibility.

Justice Sanjay Dhar, presiding over the case of Adil Farooq Bhat, a postgraduate student detained in jail, emphasized that while the right to education is fundamental, it does not extend to endorsing the participation of ineligible candidates in examinations.

Adil Farooq Bhat had filed a writ petition seeking a directive for Central University, Kashmir, to conduct his End Semester examination within the jail where he is detained. The petitioner had missed his exam last year due to arrest and argued that special arrangements should be made for him.

Represented by Advocate Mr. M. A. Makroo, Adil contended that the university should accommodate him, while the university, represented by Mr. Arshid Ahmad, Advocate, asserted that the petitioner failed to fulfill essential eligibility criteria, including minimum attendance and participation in Continuous Internal Assessment (CIA) components.

Justice Dhar, adjudicating on the matter, highlighted the university’s Ordinance 5, requiring a minimum of 75% attendance and successful completion of CIA for exam eligibility. Noting the petitioner’s inability to meet these criteria due to arrest and imprisonment, the court ruled that he was ineligible for the End Semester examination.

The court emphasized, “The petitioner cannot seek a direction upon the respondents to do an act which the Statute/Rules do not permit.”

The bench pointed out that, besides attendance, the petitioner also failed to clear Continuous Internal Assessment with a minimum of 50% marks, further affirming his ineligibility.

Case Title: Adil Farooq Bhat Vs VC Central University Kashmir.