Gujarat High Court
Urmila Lakhabhai Barad vs Union Of India on 16 May, 2019
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/9654/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9654 of 2019
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URMILA LAKHABHAI BARAD
Versus
UNION OF INDIA
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Appearance:
MR DHAVAL SHAH, ADVOCATE for the Petitioner
MR. S S IYER, ADVOCATE for the Petitioner
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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 16/05/2019
ORAL ORDER
1. The petitioner is undertaking M.Tech course in the department of Electrical Engineering with the Sardar Vallabhbhai National Institute of Technology, Surat (SVNIT). She joined in the academic year 2017-2018. She finished her dissertation preliminary examination on 26.11.2018, which was after the last date of teaching i.e. 23.11.2018.
On her being appointed with the MGVCL, she joined on 27.11.2018. Be it noted that, she was permitted to appear for a dissertation prior to the actual date, on the recommendation made by her guide as well as the head of the department, looking to the fact that she had to join at the appointed place.
2. It is her case that in the case of a similarly situated student one Modhawadia Raju Vejabhai permission for Page 1 of 3 Downloaded on : Wed Jun 26 02:40:37 IST 2019 C/SCA/9654/2019 ORDER conversion from full time to part time was granted.
3. Mr. Iyer, learned advocate for the petitioner has drawn my attention to such communication granted to similarly situated student dated 01.02.2019 (Pg. 120). According to Mr. Iyer, the case of the petitioner is similar to that of Mr. Modhawadia Raju Vejabhai. Mr. Modhawadia Raju Vejabhai joined on 12.12.2017 which falls during the vacation of the 3rd semester i.e. prior to the commencement of the 4th semester.
4. By the impugned communication dated 04.02.2019, resolution at item No. 4, (Pg. 17) the case of the petitioner was rejected for conversion from full time to part time. Relying on the academic regulations particularly resolution 13 (Pg. 63), it appears that the respondent Institute is relying on clause 2 of resolution 13 which reads as under:-
"This part time dissertation permission will be granted to all the students due to employment in the last semester of the M.Tech course."
5. Pleadings in the petition suggest that there has been recommendations of the head of the department , looking to the fact that she has got "AA Grade" that she be granted permission, however the Institute is refusing this conversion relying on the regulation quoted above.
6. Before approaching this Court, the petitioner student had Page 2 of 3 Downloaded on : Wed Jun 26 02:40:37 IST 2019 C/SCA/9654/2019 ORDER made representation to the Institute, which is at pg. 128 dated 28.03.2019. Representations had also been made to the Centralized Public Grievance Redressal and Monitoring System on 05.04.2019. Failing to have received a response, looking to the fact that the pre- registration for the academic year 2019-2020 is to begin from 17.05.2019, having waited for a response, she has approached this Court by way of this petition.
7. Without creating any rights in favour of the petitioner and without prejudice to the contentions that the Institute may have to respond to, the respondent Institute is directed to accept the pre-registration application of the petitioner, subject to further order that will be passed on 22.05.2019.
8. Issue notice to the respondents returnable on 22.05.2019. Direct service today is permitted.
(BIREN VAISHNAV, J) SHRIJIT PILLAI Page 3 of 3 Downloaded on : Wed Jun 26 02:40:37 IST 2019