Unfair conducting of examination

993 votes

You have a valid grievance. An examination must be conducted in a fair, transparent and non-arbitrary manner. Providing a faulty and unreadable question paper, dictating questions after the exam has begun, causing loss of time, and refusing to display or write the questions despite repeated requests—especially when you are not a native Hindi speaker—amounts to procedural irregularity and negligence. This directly affects your right to fair evaluation. You should immediately: 1. Submit a written representation to the Principal and Examination Controller of NM College detailing the irregularities and seeking: • Re-examination, OR • Re-evaluation / moderation, OR • Appropriate grace marks considering loss of time. 2. If no satisfactory response is received within reasonable time, sending a formal legal notice through an advocate becomes important. A legal notice will: • Place the institution on record regarding examination negligence, • Invoke principles of natural justice and fairness, • Seek remedial measures within a stipulated time, and • Strengthen your position for further action. 3. If required, you may escalate the matter before the University authorities and, as a last resort, approach the High Court under writ jurisdiction for violation of principles of natural justice and arbitrary conduct

Advocate Bhumika Vijay Bajaj LawRato

596 votes

You may submit a written representation to the Principal and University seeking re-examination or grace marks citing procedural irregularity and prejudice caused. If denied, you can approach University Grievance Cell or file a writ petition.

Advocate Pankaj Bajaj LawRato

752 votes

File written complaint to Principal and University seeking re-exam citing unfair conduct. If no relief, approach University Grievance Cell or file writ in High Court for fresh exam due to procedural lapse.

Advocate Pankaj Bajaj LawRato

606 votes

You may approach the Bombay High Court by way of a writ petition under Article 226 of the Constitution of India where the conduct of the examination itself was fundamentally unfair or defective. If the question paper supplied during the examination was illegible and the questions were dictated orally only in Hindi and you are not a native Hindi speaker, such circumstances could materially prejudice your ability to understand and attempt the paper. Examination authorities and institutions affiliated with University of Mumbai are expected to ensure a fair and proper examination process. Any serious administrative lapse that deprives you of an equal opportunity to attempt the examination may be subject to judicial review. In an appropriate case, the Court may examine whether the irregularity affected the fairness of the examination and may grant suitable relief, such as directing the authority to reconsider the matter or conduct a fresh examination. In your case, it would be advisable that you first submit a written representation to the concerned college and the university examination department explaining the issue and seeking appropriate redressal. You may also ascertain whether other students who appeared for the same examination faced similar difficulty. If multiple students were affected, a collective representation may be made, and if the issue remains unaddressed, you may consider approaching the Court by way of a writ petition u/s 227 of constitution of india seeking appropriate relief.

Advocate Shriya Mehta LawRato