An Indian international student who took his university to court after he failed in an assignment has been told he has “no arguable case" by the Court of Appeal.
Chinmay Naik who was pursuing a journalism degree at Monash University earlier told SBS Hindi that he was assigned to do a video assignment on a local issue.
He chose to do his assignment on the perceptions of different dog breeds. He did not pass this assignment.
He demanded re-examination after he failed this assignment in 2017 but he failed again.
Mr Naik who said he believed he was wronged decided to take the matter to court.
In October last year, he urged the Judge at the Supreme Court of Victoria to strike out the assignment result and declare a pass for the subject.
However, the Judge dismissed the case and asked Mr Naik to ‘move on’.
The judge said it was "not the end of the world" to fail an assignment.
"I encourage you to move on," Justice Melinda Richards said when handing down her decision.
But he refused to do that, instead of taking the matter to the Court of Appeal.
Legal Judgement. AAP Source: AAP
Mr Naik thought he should have been granted an extension, but the judge disagreed.
"A proceeding that is hopeless and doomed to fail would rarely if ever, attract an extension of time," the judgment read.
Mr Naik had also taken his case to the Victorian Equal Opportunities and Human Rights Commission and the Victorian Civil and Administrative Tribunal which deferred any action pending the appeal outcome.
