Jharkhand High Court
Birla Institute Of Technology vs P. Soumya on 8 May, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.412 of 2023
------
1. Birla Institute of Technology, Mesra through its Vice Chancellor, P.O. Mesra, P.S. Sadar, District-Ranchi-835215.
2. Registrar, Birla Institute of Technology, Mesra, P.O. Mesra, P.S. Sadar, District-Ranchi-835215.
3. The Controller of Examination, Birla Institute of Technology, Mesra, P.O. Mesra, P.S. Sadar, District-Ranchi-835215.
4. Dean of Academic Programmes, Birla Institute of Technology, Mesra, P.O. Mesra, P.S. Sadar, District-Ranchi-835215.
5. Head of Department, Mathematics and Computing, Birla Institute of Technology, Mesra, P.O. Mesra, P.S. Sadar, District-Ranchi-
835215 .... .... Appellant/Respondent
Versus
1. P. Soumya, aged about 25 years, Daughter of P. Mohan Rao
2. University Grants Commission, New Delhi through its Executive Authority, having its office at Bahadur Shah Zafar Marg, I.T.O., Metro Gate No.3 Road, P.O. & P.S. Bahadur Shah Zafar Marg, New Delhi-10002 .... .... Respondent/Petitioner CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
------
For the Appellant-BIT : Mr. Srijit Choudhary, Advocate Ms. Tanya Rai, Advocate Mr. Aayush Ojha, Advocate For the Private Resp. : Mr. Sumeet Gadodia, Advocate Mr. Shilpi Gadodia, Advocate Mr. Prakhar Harit, Advocate Mr. K. Hari, Advocate For the UGC : Mr. Prasenjit Mahato, Advocate
------
09/Dated: 08.05.2024 I.A. No.7757 of 2023
1. The instant application has been filed for grant of leave or 1 LPA No.412/2023 permission to the respondent no.1, namely, P. Soumya to file Vakalatnama and to grant opportunity of hearing in the instant appeal filed by the Birla Institute of Technology & Ors.
2. It has been submitted by the respondent-writ petitioner that the instant interlocutory application has been filed on behalf of the candidate, who was the writ petitioner in the writ petition.
3. The further statement has been made that since the writ petitioner-respondent no.1 herein, is having interest over the order passed, hence, the Vakalatnama has been filed, as such, the same is being accepted.
4. There is no objection on the part of the appellants-BIT Mesra.
5. Accordingly, interlocutory application being I.A. No.7757 of 2023 is allowed.
6. Office is directed to accept the Vakalatnama filed on behalf of the respondent no.1-writ petitioner.
L.P.A. No.412 of 2023 Prayer
7. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 10.07.2023 passed by the learned Single Judge of this Court in W.P.(C) No.928 of 2022, whereby and whereunder, while allowing the writ petition, the learned Single Judge has directed the BIT Mesra, respondent no.2 to the writ petition to grant "Degree of Bachelor of Science in Mathematics and Computing to the petitioner within two weeks from the date of receipt/production of copy of the 2 LPA No.412/2023 order.
Facts
8. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
9. It is the case of the writ petitioner that the respondent no.2 (In writ petition) issued an admission notification dated 2nd May, 2016 inviting applications from eligible Class-XII pass-out students aspiring to get admission in 5-Year (10-semester) Integrated M.Sc. Programmes, 2016 in the BIT, Mesra commencing from Academic Session 2016-17. Pursuant to the said notification, the writ petitioner took admission in the programme namely 'Integrated M.Sc. in Mathematics and Computing' and completed her 6th semester in the year 2019. The writ petitioner even successfully completed 7th and 8th semesters in the month of June, 2020.
10. The writ petitioner appeared in Common Aptitude Test (CAT)- 2019 held in the month of November, 2019 and secured an overall 91.52 percentile. She, thereafter, received offers from several IIMs across the country to undergo further admission process comprising of Written Admission Test (WAT) and Personal Interview (PI).
11. Since, the writ petitioner was not issued its Bachelor in Science Degree from BIT, Mesra, she contacted the Head of Department of Mathematics & Computing (Respondent No.6 in writ petition) to issue her a certificate to the effect that she had already passed 6th semester so as to enable her to appear in further process of WAT and PI test to be conducted by respective IIMs. 3 LPA No.412/2023
12. Pursuant to the petitioner's application, the respondent no. 6 issued requisite certificates to the writ petitioner to enable her to appear in further process of admission in IIMs. She, thereafter, participated in the admission process of WAT and PI as offered by IIMs and was declared successful. The writ petitioner received e-mail from IIM, Ranchi offering her to take admission to the "Two- Year Post Graduate Programme in Management" for the Session 2020- 22 and was asked to confirm her acceptance by making payment of acceptance fee of Rs.1,00,000/-. The writ petitioner deposited acceptance fee in IIM, Ranchi and thereafter, she received e-mail from IIM, Ranchi to complete the admission formalities by making registration and submitting/uploading requisite documents/credentials on shared link of website of IIM, Ranchi.
13. The writ petitioner then contacted the respondent No.6 vide e- mail dated 29.06.2020 and requested to issue graduation certificate to complete registration with IIM, Ranchi. However, the respondent no.6 suggested the petitioner to contact the Dean of Academic Programmes (the respondent no.5 in writ petition). Accordingly, the writ petitioner contacted the respondent no.5 vide e-mail dated 03.07.2020 requesting to issue her certificate of bachelor degree, however respondent no.5, vide e-mail dated 03.07.2020, directed the writ petitioner to contact the Examination Section for issuance of the said Certificate/Degree.
14. In the meantime, the petitioner took admission in IIM, Ranchi in anticipation of getting certificate of bachelor degree to be issued to 4 LPA No.412/2023 her by the respondent no.2.
15. The online classes of MBA Course commenced from 3rd August, 2020. Even after commencement of her online classes, the petitioner e-mailed the Controller of Examination, BIT, Mesra, Ranchi (the respondent no.4) requesting to issue certificate of bachelor degree, provisional certificate and mark-sheets of the 7th and 8th semester. The respondent no.4 (In writ petition) directed the petitioner to contact the Student Section of the said institute for getting the said certificates/marksheets.
16. The writ petitioner again e-mailed the respondent no.5 mentioning, inter alia, that she wanted to withdraw from the Integrated Course of M.Sc. Mathematics and Computing and requested the said authority to grant approval for getting the said Degree/Certificates. The writ petitioner even requested the Vice Chancellor, BIT, Mesra, Ranchi (the respondent no. 2) through e-mail to allow her to vacate the hostel room. Thereafter, she received an e- mail on 15.10.2020 from the Dean (Student Welfare) informing for the first time that 'exit' from Integrated M.Sc. Programme could have been permitted to her only after the sixth semester, however petitioner had already completed eight semesters.
17. The writ petitioner, vide her e-mail dated 15.10.2020, protested such communication received from the said authority of BIT, Mesra, Ranchi stating that she was never informed earlier that exit was possible from the said Integrated Course only after the sixth semester. The writ petitioner, in her e-mail, also stated that she 5 LPA No.412/2023 would like to withdraw from the Integrated Course of M.Sc. in Mathematics and Computing by foregoing her mark-sheets of 7th and 8th semesters. The writ petitioner further informed that she was in need of B.Sc. Degree as she had already taken admission in IIM, Ranchi. Thereafter, on 21.10.2020, the writ petitioner filed application for withdrawal from the Integrated M.Sc. course with request to issue her certificate of bachelor degree, provisional certificate and transcript whereupon vide notice dated 27.10.2020, she was permitted to withdraw permanently from the said institute with effect from 21.10.2020, however, the certificate of bachelor degree was not issued to her.
18. It appears from the pleading as referred hereinabove that the respondent writ petitioner after declared qualified and also got admission in the IIM, Ranchi but the 'Degree of Bachelor of Science in Mathematics and Computing' has not been issued on the ground that as per the brochure which contains a condition under clause (D) of the admission notification dated 02.05.2016 that the students will be allowed to exit from the programme after successful completion of 6thsemester. In order to avail the exit option, the student has to submit in writing his/her willingness to avail this before 6th semester end examination. Such students would be given B.Sc. Degree with Major in Chemistry/Mathematics & Computing/Physics/Food Technology."
19. The writ petitioner has preferred writ petition seeking direction upon the respondents, appellants herein to issue 'Degree of 6 LPA No.412/2023 Bachelor of Science in Mathematics and Computing'.
20. The learned writ Court has called upon the appellant- respondent who has taken the ground of condition available in the admission notification dated 02.05.2016 as under clause (D) whereas the requirement is that in order to avail the 'exit' option, a student has to submit in writing his/her willingness to avail 'exit' option before the 6th semester end examination. But no such option was exercised by the petitioner, hence, the 'Degree of Bachelor of Science in Mathematics and Computing' cannot be granted.
21. The learned Single Judge, has not agreed with the ground taken by the appellant-respondent on the ground that the appellant- respondent had issued the course completion certificate for appearing in the admission process in IIM, Indore, while pursuing the provisional admission process of MBA programme (2020-22) offered by various IIMs. The order is under challenge in this appeal. Argument of the appellants
22. Mr. Srijit Choudhary, learned counsel appearing for the appellant-BIT Mesra has submitted that the learned Single Judge while allowing the writ petition has not appreciated the condition stipulated under clause (D) of the admission notification dated 02.05.2016 which is mandatory in nature and to that effect, the judgment rendered by the Punjab and Haryana High Court in the case of Ankit Sharma Vs. Punjab Technical University and Another, reported in 2016 SCC OnLine P&H 6474, has been relied upon.
7 LPA No.412/2023
23. Hence, the judgment passed by the learned Single Judge suffers from an error and as such, not sustainable in the eye of law. Argument of the respondent-writ petitioner
24. Per Contra, Mr. Sumeet Gadodia, learned counsel appearing for the writ petitioner, respondent no.1 herein has submitted that once the appellant had issued the course completion certificate for appearing in the admission process of IIM, Indore, subsequent thereto, non-issuance of the said certificate in the garb of clause (D) of the admission notification dated 02.05.2016, cannot be said to be proper.
25. It has been contended by rebutting the argument advanced on behalf of the appellant-BIT Mesra that the condition as stipulated under the admission notification is strictly to be adhered to and the same cannot be allowed to be retracted back once the terms and conditions of the admission notice has been accepted.
26. It has been submitted that the said issue will not be applicable in view of the fact that the appellant respondent had already issued the course completion certificate for appearing in the admission process of IIM and by virtue of the same, the writ petitioner has participated in the process of selection and subsequently, she has also been found to be successful, then, at this stage taking the ground for non-issuance of the said certificate is said to be hyper technical approach, since, there is non-compliance of the condition stipulated under clause (D) of the admission notification dated 02.05.2016 as per which the 'exit' option was to be exercised before 8 LPA No.412/2023 the 6th semester end examination.
27. To buttress his argument, learned counsel for the respondent- writ petitioner has relied upon the following judgments of the Hon'ble Apex Court:-
(i) Lalit Kumar Modi Vrs. Board of Control for Cricket in India & Ors., reported in (2011) 10 SCC 106.
(ii) M.S. Grewal & Anr. Vrs. Deepchand Sood & Ors., reported in (2001) 8 SCC151.
Analysis
28. This Court has heard the learned counsel for the parties and gone across the material available on record as also considered the finding recorded by the learned Single Judge in the impugned order.
29. The undisputed facts in this case are that at the time of taking admission under the appellants as per the admission notification dated 02.05.2016 in which the condition as under clause (D) was inserted to the effect which reads as under:-
"(D) Exit option from the programme:
The students will be allowed to exit from the programme after successful completion of 6thsemester. In order to avail the exit option, the student has to submit in writing his/her willingness to avail this before 6thsemester end semester examination. Such students would be given B.Sc. Degree with Major in Chemistry/Mathematics & Computing/Physics/Food Technology."
30. It is evident from the said condition that exit option from the programme has been made available allowing the students to exit 9 LPA No.412/2023 from the programme after successful completion of the 6th semester. The condition has been provided therein that in order to avail the exit option, the student has to submit in writing his/her willingness to avail this before 6th semester end semester examination. Such students would be given B.Sc. Degree with Major in Chemistry/Mathematics & Computing/Physics/Food Technology.
31. The writ petitioner, at the time of making an application, has made an application before the appellant respondent for issuance of "course completion certificate" as per the requirement of Indian Institute of Management admission process.
32. The appellants-respondents have issued course completion certificate by the Department of Mathematics, BIT, Mesra, Ranchi mentioning therein that she had completed 6th semester obtaining 80 per cent marks.
33. The said certificate also contains that the same was being issued to her to appear in the admission process for the year 2020- 22 Batch of IIM, Indore.
34. The question which requires consideration as to whether in the backdrop of the fact that when the appellant has already issued the course completion certificate, based upon the requisition made by the respondent writ petitioner, allowing her to participate in the further process of WAT & PI Test for admission in the IIMs, can subsequent to being successful, the ground is being allowed to be taken by the appellant by putting reliance upon clause (D) of the admission notification dated 02.05.2016 not to issue the certificate of 10 LPA No.412/2023 bachelor degree in the concerned subject.
35. The question of the binding effect of the condition stipulated in the admission notification, is the main ground taken by the appellant- BIT, Mesra, Ranchi.
36. We are not disputing the fact that the condition which is available in the admission notification is to be complied with, but whether, it is mandatorily to be complied with or it is directory that is the thing to be considered.
37. The same consideration is based upon the conduct of the appellant-BIT, Mesra so as to come to the conclusion that the condition so stipulated under the admission notification is mandatorily to be complied with.
38. Herein, as per the undisputed fact, it is not the case of the appellant that suppressing the fact about participation in the entrance examination of the IIM, Indore, the certificate is being sought to be issued, rather, the admitted fact is that at the time of participation in the admission process, the writ petitioner had made requisition for getting the course completion certificate.
39. The same without any objection by the appellant-respondent, has also been issued, based upon the same, the candidature of the writ petitioner was accepted, in which, he has also found to be successful. But subsequent thereto, the certificate was not issued by taking aid of clause (D) of the admission notification dated 02.05.2016.
40. The condition, as stipulated under clause (D) is for seeking an 11 LPA No.412/2023 option to be exit from the programme. The condition as provided that the student has to submit in writing his/her willingness to avail this before 6th semester end semester examination.
41. The appellant is taking the ground that no such endeavour has been taken by the respondent-writ petitioner and hence, certificate cannot be issued.
42. The question is that if that is the stand of the appellant, then why "course completion certificate" was issued to the writ petitioner on the requisition made stating therein that the said course completion certificate is required for the purpose of acceptance of the candidature of the writ petitioner.
43. The appellant ought not to have issued the course completion certificate if they now are sticking to clause (D) of the admission notification, then the matter would have been different and the writ petitioner would not have participated in the process of selection in the different IIMs.
44. But herein, such endeavour has been given by taking the bonafide approach as also considering the future prospect of a candidate by allowing the writ petitioner to participate in the admission process of IIM, Indore.
45. But contrary to the same, when the writ petitioner had been declared to be successful then the objection has been made for issuance of the said degree certificate.
46. This Court, considers the said approach of the appellant-BIT, Mesra to be not bonafide, rather, the same according to the 12 LPA No.412/2023 considered view of this Court, is contrary to the interest of the student who after qualifying in the admission entrance examination for being admitted in the IIM, Indore, is being now compelled to approach the legal proceeding for the purpose of getting required certificate.
47. The question of applicability of clause (D) of the admission notification dated 02.05.2016, according to the considered view of this Court, will not be given strict adherence herein, in view of the fact that the appellant-BIT, Mesra has issued the "course completion certificate" enabling the writ petitioner to participate in the process of selection, then the question is that once she has been declared to be successful, why such hurdle has been created that has been taken note by the learned Single Judge in the impugned order. If the plea of the appellant will be allowed, then the question will be that what will happen to the implication of the issuance of course completion certificate.
Conclusion
48. This Court, after taking into consideration the aforesaid aspect of the matter as also considering the finding so recorded by the learned Single Judge coupled with the fact that the conduct of the appellant-BIT, Mesra by allowing the course completion certificate is of the view that the appellant-BIT, Mesra cannot be allowed to raise the issue of non-fulfillment of the condition stipulated under clause (D) of the admission notification dated 02.05.2016 and by virtue of the aforesaid conduct of the appellant-BIT, Mesra as is being argued 13 LPA No.412/2023 that clause (D) of the admission notification is having the mandatory applicability, which cannot be said to be proper, rather, the same will be considered to be directory due to the conduct of the appellant himself.
49. Further, question is that when the appellant by allowing the requisition for supply of the course completion certificate itself has not followed the clause (D) of the admission notification dated 02.05.2016, then where is the question to say that clause (D) of the admission notification is having mandatory effect.
50. This Court, therefore, is of the view in the entirety of the facts and circumstance that whatever view has been taken by the learned Single Judge, the same does not require interference and as such, the instant appeal lacks merit.
51. In the result, the instant appeal fails and is, dismissed.
52. In consequent to dismissal of this appeal, Interlocutory Application being I.A. No.7918 of 2023 stands disposed of.
(Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Rohit/-A.F.R. 14 LPA No.412/2023