Right to take exam is right to dignity,says HC, orders spl exam for student
Prayagraj: Observing that the right to appear in an examination is akin to the right to live with human dignity enshrined in Article 21 of the Constitution and a student's future cannot be jeopardized due to technical lapses or administrative inertia, the Allahabad high court has directed the Prof Rajendra Singh (Rajju Bhaiya) University, Prayagraj, to conduct a special examination for a BSc student who was denied an admit card because the varsity's portal failed to update her admission records.Petitioner Shreya Pandey, a first-year BSc (Biology) student at Urmila Devi PG College, Handia, affiliated with the Rajju Bhaiya University, filed a writ petition, stating that she had deposited her fees on July 16, 2025, and attended classes for the academic session 2025-2026. However, when the examination schedule was published, she was not issued an admit card.The problem was her records couldn't be updated on the university's Samarth Portal within the deadline, even though her application was pending on the portal in draft form. Noticing the error, the college made a representation to the university stating that the records of around 30 students, including that of the petitioner, had not been updated. Later, the records of 25 students were updated, but not the petitioner's.She was denied a chance to appear in the exam, all because her records weren't updated on the Samarth Portal. After hearing her counsel, Justice Vivek Saran wasn't pleased with the university's stance, pointing out they knew about the update issue and had the data in draft form and yet did nothing. Justice Saran ordered the university to conduct a special exam for her within two weeks and publish the result at earliest so she can pursue her studies. The court also directed the university to take all steps to update the petitioner's records within a reasonable period of time so that her future is secured.In its order dated Jan 12, the court also highlighted that the university's counsel failed to inform the court of any standard procedure undertaken when such technical errors are brought to their notice.Against this backdrop, the court relied on the high court's recent order in Rahul Pandey vs. Union of India 2025, wherein it was held that "appearing in the examination in question is a fundamental right guaranteed under Article 21 of the Constitution of India". The court also referred to Delhi high court's decision in the case of Re: Master Prabhnoor Singh Virdi (Minor Son) vs. Indian School And Another, 2023, wherein a similar stand was taken that not to allow the student to take the examination would infringe the right of a child akin to the right to life as guaranteed under Article 21 of the Constitution of India. Thus, noting that the petitioner was not at fault and her future should not be jeopardized "only on the technical lapses", the high court issued a mandatory interim direction.The counsel for the respondent university was asked to file a counter-affidavit bringing on record the procedure adopted by the University when it receives information of an inability to update the web portal.The high court has listed the case for further hearing on Feb 10.
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