Srinagar: The High Court on Thursday directed Superintendent District Jail Baramulla to arrange all the facilities for a detenue to enable him to appear in MBA 2nd semester examination.
The application was moved on behalf of the applicant-detenu, namely Musaib Ashraf Bangroo seeking a direction from court to Superintendent District Jail Baramulla for making arrangement to enable him to appear in the examination to be held from December 1 till December 9 at Islamia College of Science and Commerce, Srinagar.
It was submitted that the detenu is presently under preventive detention and a Habeas Corpus Petition that is WP (Crl) No. 211/2021 is pending adjudication in this Court.
It was further submitted that the detenu is a student of Postgraduate Department of Management Studies of Islamia College of Science and Commerce, Srinagar which has issued the date-sheet for MBA 2nd Semester Batch 2020 Internal Examination on 24 November, 2021 of which the detenu became aware only on 28 November, 2021.
It was also submitted that the detenu, though under preventive detention,has a right to pursue his education and therefore, the respondents cannot deny him to participate in the examination, more particularly, when the same is being held online.
While hearing the senior counsel M A Qayoom representing the detenu and perusing the record
Court said, “the detenu, though under preventive
detention, is entitled to pursue his education and if he is a bonafide student of MBA 2nd Semester examination, he is entitled to participate in the same.”
“Accordingly, this application is allowed. Respondent No.4 i.e., Superintendent, District Jail, Baramulla, where the detenu is presently lodged, is directed to make arrangements in association with the concerned examining body to enable the detenu to appear in the MBA 2nd Semester Internal Examination through virtual/online mode.”
The court also directed that the examination body that Islamia College of Science and Commerce, Srinagar shall facilitate the conduct of said online examination.