In Abdul Basit vs University of Kashmir, the Jammu and Kashmir High Court ordered the University of Kashmir to compensate a BA student with ₹1 lakh. The student, Abdul Basit, had been wrongly declared ‘failed’ despite passing on paper re-evaluation. Justice Javed Iqbal Wani criticized the University for incorrectly applying “Statute 10,” resulting in the student having to reappear for the exam.
Here is what happened:
- The Jammu and Kashmir High Court ordered the University of Kashmir to compensate Abdul Basit with ₹1 lakh in a May 10 judgment.
- Abdul Basit filed a petition in 2019 against the University after being wrongly declared failed in a BA course exam.
- Despite securing 40 marks on re-evaluation, Basit was initially marked failed in the General English paper.
- The University reduced Basit’s marks to 34, citing a rule applicable for marks differences exceeding 30%.
- Basit challenged the decision in court, alleging violation of his rights due to an obscure rule invocation.
- The University argued against Basit’s petition, claiming no rights violation on their part.
- The Court rejected the University’s defense, finding the rule inapplicable and Basit unfairly treated.
- The Court deemed the University’s action arbitrary and ordered compensation for Basit’s prejudice.
- Basit was awarded ₹1 lakh as damages by the Court, directing payment within four weeks.
- The Court concluded that Basit should not be left without remedy for the University’s wrongful actions.
