Punjab and Haryana High Court: In a petition filed under Section of the for issuance of direction to the respondents to make adequate arrangements to transport the petitioner from District Jail to Examination Centre, so as to enable him to undertake his Masters of Laws (‘L.L.M.’) (Corporate Laws) final exams, Vikas Bahl, J., directed the petitioner to deposit amount Rs. 75,000/- and directed police personnel to take the petitioner from District Jail to Examination Centre for his exams.
Background:
In an instant case, the petitioner submitted that he was a L.L.M. (Corporate Law), final year student at Amity University, Mohali, Punjab (‘the University’) and was falsely implicated in FIR registered under Sections and of the , at Police Station Aerocity, Mohali. The petitioner voluntarily submitted himself before the police on the evening of 10-05-2024, and was sent to judicial custody in Rupnagar Jail.
The petitioner submitted that his semester exam had been notified to be held from 20-06-2024 to 26-06-2024 and he was required to undertake four exams. Thereafter, the petitioner had moved a detailed application before the Judicial Magistrate, First Class, SAS Nagar, Mohali and vide order dated 14-06-2024 (‘impugned order’), the petition got dismissed on the ground that the petitioner had not been able to place on record any ‘Admit Card’ issued by the University regarding exams from which it could be ascertained that he had qualified all the conditions specified by the University concerned , in order to appear in the said exams.
The counsel for petitioner referred to the letter dated 17-06-2024 written to the registrar, Amity University, Punjab, seeking a clarification to the effect that no admit card was required and the Enrollment ID card was sufficient for him to appear in the Final Examination. Reference had also been made to the response of the University dated 17-06-2024, in which, it had been stated by the University that it does not issue any separate Admit Card for appearing in the examination and the student can appear in the examination by showing the student ID card which had already been issued by the University to the student.
The petitioner had even moved an application before the Jail Authorities, vide email dated 17-06-2024, but the Superintendent, District Jail, Rupnagar, vide reply dated 18-06-2024 had stated that the jail manual only permitted the petitioner to be provided the facilities for preparation of studies inside the jail premises. The Jail Superintendent on his own could not send the applicant outside the jail for his examination, and therefore, requested the Court to issue appropriate directions enabling the applicant to continue his education.
The counsel for the State and respondent 3-University stated that in case the petitioner was allowed to give exams, the same should be done in police custody, and he should be directed to pay adequate expenses.
Analysis:
The Court, after perusal of contentions, was of view that, the petitioner had been a meritorious student and had already done LLB graduation course from Chandigarh University in the year 2023. The Court stated that if the petitioner was not permitted to give the exams, then, the same would cause irreparable loss to the petitioner, as he would not be able to complete his L.L.M (Corporate Laws) and the same would jeopardize his future.
The Court, therefore, while allowing the present petition, set aside the impugned order dated 14-06-2024 with the following directions:
The petitioner would deposit an amount of Rs. 75,000/- in the appropriate account/place as per the directions of respondent 2 on or before 20-06-2024.
The respondent 2 would depute adequate number of police personnel for taking the petition from District Jail to the Examination Centre at Amity University by 9:15AM so that the petitioner had adequate time to appear in the exams. Further, after the exam was over, the deputed police personnel would take back the petitioner to the District Jail.
The respondent 3-University was directed to permit the petitioner to take the said four exams on the petitioner showing his Identity Card.
The respondent 3- University had to ensure that the police personnel accompanying the petitioner were allowed to sit in a place where the petitioner was visible to them throughout the duration of the examination.
[Prabal Titus v. State of Punjab, CRM-M- 30225 of 2024, decided on 19-06-2024]
Advocates who appeared in this case:
For Petitioner: Kanwalvir Singh Kang, Advocate
For Respondents: N.S. Diwana, Sr. DAG, Punjab; Deepak Singh Saini, Advocate for the University.
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