Personal Choice To Prepare For Competitive Exams Does Not Entitle Extension Of Professional Course: Himachal Pradesh High Court

Himachal Pradesh High Court held that a student's personal decision to prepare for a competitive examination and not appear for semester examination does not entitle them to an extension of the of the prescribed timeline for completion of a professional course.

Justice Ajay Mohan Goel: “The petitioner himself chose not appear in the MBA 4th Semester examination, as he intended to prepare for Himachal Pradesh Administrate Services Examination. That was his personal choice. It is not as if someone who is preparing for HAS examination or any other competent examination is barred during the period of preparation to participate in any other examination”.

Background Facts:

The petitioner, Mohit Shukla was appointed as an Executive Trainee in Satluj Jal Vidyut Nigam Limited in the year 2013, after completion of B.Tech in Civil Engineering. Thereafter, in the year 2015-16, he took admission in MBA course in the Department of Centre for Distance and Online Education, Himachal Pradesh University.

He successfully cleared the first three semesters, with the third semester concluding in April 2017. However, he failed to appear for the fourth and final semester in June 2017 as he was preparing for the Himachal Pradesh Administrative Services Examination.

Although, he eventually succeeded in the Administrative Service Examination and was appointed an Excise and Taxation officer in January 2020, he was not unable to complete his MBA course within the prescribed six-year time period.

Later, in 2024, he requested the Himachal Pradesh university to allow him to complete his pending semester. However, his request was rejected on 23 February 2024 by the university stating that as per the ordinances of Himachal Pradesh university, it is mandatory that the MBA degree must be completed within six years from the date of admission.

Aggrieved by the decision of the university, the petitioner filed writ petition seeking special chance for completion of MBA course.

Contentions:

The petitioner submitted that the university was discriminating between him and other similar candidates who were given special chances. As the university had previously granted “golden” or special chances to students of other undergraduate and postgraduate courses to complete their degrees beyond the normal timeframe.

In response, the university submitted that the ordinances of Himachal Pradesh University clearly limits the completion time for the MBA course to six years, after which the student ceases to be a candidate.

It further stated that unlike some general or non-professional courses, MBA is a professional program, and the time limit has to be strictly complied with. There is no legal or statutory provision empowering the university to relax this condition or grant a special chance for professional courses beyond the prescribed limit.

Findings:

The Court that as per the ordinances of the Himachal Pradesh University, the MBA course is to be completed in 6 years which includes the time allowed for late college students. If a candidate fails to complete his MBA within the said period of six years, he ceases to be a candidate of the course.

The Court observed that even if the university had given special chances in other courses, no such relaxation had been granted in professional programs like the MBA. So, the contention of the petitioner that relaxation was granted in other courses can't be considered.

The Court held that it was the petitioner's personal choice to prepare for Himachal Pradesh Administrate Services Examination and not appear for his 4^th Semester examinations. The university does not bar anyone preparing for competitive examination to appear for semester examinations.

Thus, the Court dismissed the writ petition and held that if such plea is accepted by the Court, then the Court will be flooded with litigations of such candidates who were not able to complete their courses within prescribed time period.

Case Name: Sh. Mohit Shukla v/s Himachal Pradesh University & another

Case No.: CWP No.4779 of 2025

Date of Decision: 22.05.2025

For the petitioner: Mr. Hamender Singh Chandel, Advocate.

For the respondents: Mr. Devender K. Sharma, Advocate.

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