Jharkhand High Court
Arpit Khatri vs Indian Institute Of Technology (Indian ... on 31 August, 2020
Equivalent citations: AIRONLINE 2020 JHA 1452
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1503 of 2020
With
I.A. No.3384 of 2020
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Arpit Khatri .......... Petitioner.
-Versus-
1. Indian Institute of Technology (Indian School of Mines), Dhanbad, represented through its Director, Indian Institute of Technology (Indian School of Mines), Dhanbad.
2. The Director, Indian Institute of Technology (Indian School of Mines), Dhanbad.
3. The Registrar, Indian Institute of Technology (Indian School of Mines), Dhanbad.
4. The Dean (Academic) Indian Institute of Technology (Indian School of Mines), Dhanbad.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Saurabh Shekhar, Advocate
For the Respondents: Mr. A. K. Mehta, Advocate
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Order No.08 Date: 31.08.2020
1. This case is taken up through video conferencing.
2. The present writ petition has been filed for quashing Clause 4 of the office notice dated 14th May, 2020, as contained in Memo No.IIT(ISM)/DAC/266 passed by the Dean (Academic), Indian Institute of Technology (Indian School of Mines), Dhanbad-respondent no.4, whereby it has been informed with respect to Summer Semester 2019- 20 Rules, mentioning that second year courses will be offered only if graduating students have registered for the same, as according to the petitioner, the said notice has deprived him from clearing backlog subject i.e Analog Electronics. Further prayer has been made for issuance of a direction upon the respondents to conduct Summer Semester Course for the academic year 2019-20 in accordance with notice dated 2nd May, 2020 and to include the course of Analog Electronics in the said Summer Semester.
3. The factual background of the case, as stated in the writ petition, is that the petitioner is a pre-final year student of Indian Institute of Technology (ISM), Dhanbad and is pursuing the course of B. Tech in Electrical Engineering Branch. He could not score minimum passing marks in one of the subjects i.e. theory paper of Analog Electronics (EEC13114) of 3rd semester (2nd year) examination and hence got the 2 backlog of that particular subject. The respondent-Institute introduced the concept of summer semester for its students who could not complete their papers with an objective to allow the said students to attend classes and clear their incomplete/backlog papers. The Registrar, Indian Institute of Technology (ISM), Dhanbad-respondent no.3 issued a notification on 14th May, 2019 inviting registration for the Summer Semester 2018-19 (modified), but due to non-availability of offering course of Analog Electronics by the concerned department the petitioner was denied the chance to register himself for Summer Semester 2018-19. When the petitioner was in 5th Semester, the respondent-Institute again commenced the classes of Analog Electronics for the students, however, the petitioner could not attend the same as the class timing for Analog Electronics was clashing with three other subjects of the regular course of 5th semester. The petitioner is now studying in 6th semester i.e. pre-final year and it is crucial for him to clear the backlog as no student wants to go in the final year with any backlog paper which is the recruitment year and the placement is not offered to those students who are having backlog paper(s). When the petitioner was in 6th semester, he received an e- mail from the respondent no.4 informing that the Summer Semester 2019-20 would be offered for the graduating students from 1st May, 2020 to 14th June, 2020. Thereafter, the petitioner informed the Director, Indian Institute of Technology (ISM), Dhanbad- respondent no.2 that by reasons of the decision taken by the respondent no.4 to conduct summer semester only for the final year students, the 3rd year students would be seriously prejudiced and their future would be jeopardized, as most of the companies have policy of not offering placement to the students having backlog paper who are participating in placement session(s). Thereafter, the respondent-Institute issued a fresh notification dated 2nd May, 2020 pertaining to summer semester for the academic year 2019-20 and permitted the students of both final and pre-final year to register themselves for the same. Pursuant to the said notification, the petitioner and other similarly situated students got themselves registered for the said session and paid the required fee for the backlog paper(s). Thereafter, the petitioner started attending classes and was also receiving notes. All of a sudden, the respondent no.4 issued impugned office notice dated 14th May, 2020 3 for Summer Semester 2019-20 whereby a new criterion i.e. clause 4 was introduced, stipulating inter alia that Second year courses would be offered only if the graduating students had registered for the same. The respondent-Institute also issued a list of subjects/courses, which would be offered during the Summer Semester 2019-20 in which the course of Analog Electronics (Electrical Engineering) was not included. Thereafter, the petitioner ventilated his grievance through e-mail before the appropriate authority in the Ministry of Human Resource Development, Government of India, however, the same was not responded. Subsequently, the respondent no.4 issued notification dated 28th May, 2020 regarding Summer End Semester 2019-20 Examination, informing that the same would be conducted from 7th-9th September, 2020. The said examination was preponed by the respondent no.4 vide notice dated 11th August, 2020 informing that the same would be conducted during 24th-28th August, 2020.
4. Learned counsel for the petitioner submits that the action of the respondents is grossly arbitrary in view of the fact that they had already allowed the petitioner and other similarly situated students to register themselves for the backlog course(s) and had also accepted the fee, but subsequently they changed the rule, applying it retrospectively, which is not permissible in law. If the petitioner is not allowed to clear his backlog paper in the present Summer Semester 2019-20, it will have a fatal effect towards his placement opportunity and would seriously prejudice his career prospects. It is also submitted that the action of the respondent authorities is violative of the principle of legitimate expectation and the same also infringes the petitioner's right to appear in Summer Semester 2019-20 which vested to him by way of issuance of notice dated 2nd May, 2020 and the earlier norms/rules issued in this regard. Learned counsel for the petitioner further submits that if the respondents had any bona fide intention to limit the summer semester course, the same could have duly been mentioned in the notification dated 2nd May, 2020 itself. The respondents have failed to offer any cogent, reasonable and rational explanation towards their action of introducing summer semester rule at a belated stage after allowing the petitioner and other similarly situated students to register themselves for the backlog course(s) and accepting the requisite fee from them. The petitioner, who is a pre-
4final year student, cannot be left to the whims and fancies of the respondent authorities and merely on the ground of technical difficulty being faced due to spread of Corona (Covid-19 Pandemic), they cannot be permitted to jeopardise the career of the petitioner. Though the respondent-Institute has made all necessary arrangements for final year students who are participating in the current summer semester, yet the same infrastructure and facilities are being denied to the petitioner for the reasons best known to them. It is also submitted that out of 112 companies, who came for campus selection last year, only few of them offered recruitment to the students of electrical engineering branch. Moreover, it is a general understanding during the recruitment process that the students having backlog paper(s) are not given preference over the students who have no backlog.
5. On the contrary, learned counsel for the respondents submits that there are two regular semesters in Indian Institute of Technology (ISM), Dhanbad i.e. Monsoon and winter. However, vide notice no.605001/Acad/2018-19 dated 26th July, 2018, it was provided that the backlog can be cleared in regular (winter/Monsoon) and summer semester as and when offered. This year, due to enforcement of lockdown in the wake of Corona (Covid-19 Pandemic), the academic activities in the respondent-Institute have also been adversely affected and considering the constraints being faced by the Institute, it has been decided that summer semester shall be offered primarily to final year students so that they may graduate in time. As per the approved Summer Semester 2019-20 rules, all the courses for which the graduating/final year students got themselves registered, were offered up to maximum three courses to enable them to be graduate in time without losing any year. However, for the pre-final year students, a course is offered only if a minimum of five students have registered, as it is not possible for the respondent-Institute to run a course in which very few students have got themselves registered. The 3rd and 4th semester courses have been offered in the current summer semester only if the final year graduating students have registered themselves or if minimum five students have registered for the pre- final year courses. The petitioner intended to get himself registered for 3rd semester (2nd year course) and the number of students who wanted to register in the said course was only four and none of the said 5 applicants were in the category of graduating/final year students. Hence as per the norms, the respondent-Institute decided not to offer the course of Analog Electronics in the current summer semester. Learned counsel for the respondents further submits that the detailed guidelines were not given in the final notice issued for Summer Semester 2019-20 since the respondent-Institute was not sure as to how many students would have internet access and would intend to register themselves for the summer semester. Only after getting the registration data, the same was analysed and the H.O.Ds. of different departments formulated the rules for Summer Semester 2019-20, which was accordingly notified. Altogether 41 applicants have not been approved for summer semester 2019-20 which includes the petitioner and thus the fee deposited by them would be refunded. It is also submitted that summer semester is not a regular semester during which only theory papers can be offered depending upon the needs of the students and the availability of instructors for offering the course in the Department. The apprehension of the petitioner regarding the placement issue is also not correct, as most of the companies do not restrict students with active backlog from appearing in the campus placement. For example, in the last academic session, 112 companies visited the Institute for placements out of which only 12 of those had the condition of having no active backlog. The petitioner had attended only one day class in the summer semester and in the meantime, the registration data was analysed wherein it was found that only four students had applied for registration, which was contrary to the rules of summer semester. Accordingly, in the meeting of the H.O.Ds. of different departments, a decision was taken and notice dated 14th May, 2020 was issued. Though the petitioner had the option to get himself enrolled for the backlog 3rd semester course in the Academic Session 2019-20, yet he did not do so and chose to register himself for the other courses of 5th semester. Nonetheless, the petitioner still has the opportunity to get himself enrolled in the Monsoon semester for the Academic Session 2020-21 along with his 7th semester course. The respondent-Institute had taken a decision to help such students whose applications for Summer Semester 2019-20 were not approved by the competent authority by allowing them one year overload each in the Monsoon and winter semester of the academic year 2020-21 on 6 relaxed condition so that the said students may be in a position to clear the backlog paper(s) and to graduate from the respondent-Institute in time.
6. Heard learned counsel for the parties and perused the materials available on record. By way of present writ petition, the petitioner has sought quashment of Clause-4 of the rule meant for Summer Semester 2019-20 published vide impugned office notice dated 14th May, 2020, which, according to the petitioner, deprives him from clearing his backlog paper(s) in summer semester consequently making him ineligible for placement in the final year.
7. For better appreciation of the matter, it would be relevant to refer the extract of rule notified vide Notice No.605001/Acad/2018-19 dated 26th July, 2018, the relevant part of which is reproduced as under:-
"4. Backlogs can be cleared in regular (winter/monsoon) and summer semesters as and when offered.
6. In a semester, the student will first register for backlog subjects being offered, starting with the earliest backlogs. Any remaining slot will be filled by the current semester subjects.
7. It is the responsibility of the students to ensure that there is not a single hour of time-table clash between all the registered subjects. In case of clashes, the students will have two options;
a. to drop a subject of current semester to clear the backlog first.
b. to carry the backlog further in the coming regular (winter/monsoon) semester as and when offered by the department.
9. Backlogs can also be cleared in summer semester, if the subject is being offered by the department.
11. Attendance is mandatory, according to the Institute Rules, for all subjects registered as backlogs. The provision of only appearing in the examinations of carry over subjects has been abolished."
8. It would thus appear from the scheme of the aforesaid rule that the students may clear their backlogs either in regular semester i.e. Monsoon/winter or in summer semester, if the subject is being offered by the department. Though rule 6 provides for clearing the backlog papers in any semester, yet rule 7 provides option to the students to clear the backlog and drop the subject of regular semester or to carry the backlog further in the coming semester. It has also been provided that there should be no time clash between the registered subjects.
7Rule 9 explicitly provides that backlogs can also be cleared in the summer semester if the subject is being offered by the Department.
9. In the present case, the petitioner could not clear the paper of Analog Electronics in the 3rd semester. He also could not clear the said backlog paper in the Summer Semester 2018-19, as no faculty member of that paper was available. When the petitioner was in the 5th semester, he chose not to clear the said backlog, as his classes for regular papers were clashing with backlog paper. Now the respondents have announced to conduct Summer Semester 2019-20 course putting a condition in the impugned office notice dated 14th May, 2020 that the second year courses will be offered only if graduating students have registered for the same.
10. The respondents by filing counter affidavit have justified the said clause contained in the impugned office notice dated 14th May, 2020 by contending that due to spread of Corona (Covid-19 Pandemic) and imposition of lockdown by the State/Central Government, the teaching infrastructure in the Institute has been adversely affected. Hence, the respondent-Institute has decided to give preference to those students in summer semester who are in the final year so that they may graduate in time without losing any year. It has also been contended that the respondent-Institute took all possible steps to include the second year courses in the summer semester and as such it was decided that if minimum five students got themselves registered for any pre-final year course, the arrangement for the classes would be made. Since only four students including the petitioner got themselves registered for Analog Electronics paper, the summer semester for the said subject was not arranged as per the decision of the council of the respondent-Institute.
11. Learned counsel for the petitioner has assiduously argued that since the respondents had allowed the petitioner to get himself registered for the backlog paper i.e. Analog Electronics and had accepted the requisite fee permitting him to appear in the class, subsequent framing of rule for Summer Semester 2019-20 by changing the earlier decision manifests arbitrariness on their part. The said contention of the petitioner has duly been replied by the respondents in their counter affidavit stating that the said decision has been taken keeping in view the totality of the students, situation prevailing due to outbreak of 8 Corona (Covid-19 Pandemic) and the decision of the Central/State Government to impose lockdown.
12. I find substance in the contention of the respondents that since in the wake of Corona (Covid-19 Pandemic), the entire country is passing through a tough and unpredictable phase and the respondent-Institute is no exception and due to infrastructural constraints it thought appropriate to give preference to the final year students, so that they may graduate in time without losing any year.
13. Otherwise also, the petitioner has failed to show before this Court any such rule which mandatorily requires for giving chance to every student to clear backlog papers in summer semester. In fact, rule 9 of the notice dated 26th July, 2018, referred to hereinabove, provides that the backlog papers can be cleared in summer semester if the subject is being offered by the department. It may thus be construed that it is for the department of the respondent-Institute to offer any subject to the students to clear the backlog papers keeping in view various factors i.e. availability of faculty members, number of students etc. Hence, the impugned notice/rule finds support from the earlier action of the respondent-Institute. The petitioner has himself stated in the writ petition that the course for Analog Electronics was not offered in Summer Semester 2018-19 due to unavailability of faculty members. Curiously enough, the petitioner did not raise any objection at that time. In 5th semester also, the petitioner chose not to clear his backlog paper by giving him preference to clear his regular papers. So far as the contention of the petitioner that due to backlog paper, he would not be offered job by the companies in campus selection which are likely to visit during 7th semester, the respondents by filing supplementary counter affidavit have stated that most of the companies do not restrict the students with active backlog from appearing in the placement. Even if it is assumed that by not permitting the petitioner to clear his backlog in the Summer Semester 2019-20, he may have some adversities during the placement, it is the petitioner himself who has chosen to carry the said backlog. Moreover, the petitioner is not the only student who has not been allowed to attend the backlog course in Summer Semester 2019-20, rather the applications of 41 students have not been approved by the respondent-Institute and a decision has been taken by it to allow all of 9 them to get one overload each in the Monsoon and Winter Semester 2020-21 on relaxed condition so that the said students can clear the backlog papers and graduate from the respondent-Institute in time.
14. The Hon'ble Supreme Court in the case of All India Council for Technical Education Vs. Surinder Kumar Dhawan & Ors., reported in (2009)11 SCC 726, has held as under:-
"16. The courts are neither equipped nor have the academic or technical background to substitute themselves in place of statutory professional technical bodies and take decisions in academic matters involving standards and quality of technical education. If the courts start entertaining petitions from individual institutions or students to permit courses of their choice, either for their convenience or to alleviate hardship or to provide better opportunities, or because they think that one course is equal to another, without realizing the repercussions on the field of technical education in general, it will lead to chaos in education and deterioration in standards of education.
17. The role of statutory expert bodies on education and role of courts are well defined by a simple rule. If it is a question of educational policy or an issue involving academic matter, the courts keep their hands off. If any provision of law or principle of law has to be interpreted, applied or enforced, with reference to or connected with education, courts will step in. In Dr. J.P.Kulshreshtha v. Chancellor, Allahabad University [1980 (3) SCC 418] this Court observed:
"11. ......... Judges must not rush in where even educationists fear to tread...
xxx xxx xxx
17. ........ While there is no absolute bar, it is a rule of prudence that courts should hesitate to dislodge decisions of academic bodies."
18. In Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupeshkumar Sheth [1984 (4) SCC 27] this court reiterated :
"29. ................the Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day-to-day working of educational institutions and the departments controlling them."
15. Thus, the writ Court should be circumspect in interfering with the academic matters moreso when there is no mala fide or discrimination on the part of the Academic Institute.
16. Pursuant to the order dated 20th August, 2020 passed by this Court in the present writ petition, the respondent-Institute has filed a supplementary counter affidavit stating, inter alia, that the end semester examination of backlog paper- Analog Electronics of 3rd semester is projected to be held along with regular 7th end semester examination most likely in the month of December, 2020. Thus, the 10 petitioner will have the chance to clear his backlog paper with the regular 7th semester examination.
17. Considering the facts and circumstances of the case, I do not find any infirmity in the action of the respondents so as to make any interference under extraordinary writ jurisdiction of this Court, which is otherwise plenary in nature. It is, however, observed that the respondent-Institute shall make all possible endeavour to give an opportunity to the petitioner and similarly situated students to clear their backlog paper(s) by the end of 7th semester.
18. The writ petition is, accordingly, disposed of.
19. I.A. No.3384 of 2020 also stands disposed of.
(Rajesh Shankar, J.) Sanjay/AFR