Nai Basti, Sharda Hills Colony, Jhasi, PIN 284003, U.P. … v. 1. 2. 3. Birla Institute of Technology, through its Vice Chancellor, Mesra, P.O. and
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5255 of 2022 Priyam Shrivastava, aged about 25 years, daughter of Shri K.K. Shrivastava, present address – Flat No. 506, Block B, Astha Apartment, Pandra, Ranchi- 834005, permanent address – resident of 2026, Nai Basti, Sharda Hills Colony, Jhasi, PIN 284003, U.P. …… Petitioner Versus 1. 2. 3. Birla Institute of Technology, through its Vice Chancellor, Mesra, P.O. and P.S. Mesra, District Ranchi. Dean (Under-Graduate Studies), BIT Mesra, P.O. and P.S. Mesra, District Ranchi. Registrar, Birla Institute of Technology, Mesra, P.O. and P.S. Mesra, District Ranchi. …... Respondents CORAM: Hon’ble Mr. Justice Deepak Roshan For Petitioner: : …...
Legal Reasoning
squarely covered by Division Bench Judgment of this Court in the case of Birla Institute of Technology, Mesra v. P. Soumya & Anr. (supra). 6 A perusal of the said Judgment would reveal that exactly similar clause pertaining to exit option was subject matter of consideration before Division Bench and while interpreting the said clause, the Division Bench held that said clause is merely directory in nature and not mandatory. For the sake of ready reference, exit option clause is quoted herein-below:- “(D) Exit option from the programme: The students will be allowed to exit from the programme after successful completion of 6th semester. 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.” 15. The Division Bench, vide paragraph 35, 36, 46, 47 and 48, has held as under: “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 is condition so stipulated under mandatorily to be complied with.” Xxx “46. This Court, considers the said approach of the appellant-BIT, Mesra to be not bonafide, rather, the same according to the 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. the admission notification xxx xxx 7 that issued the appellant-BIT, Mesra has
Arguments
Mr. Sumeet Kumar Gadodia, Advocate Mrs. Shilpi Sandil Gadodia, Advocate Mr. Nilohit Choubey, Advocate Mr. K. Hari, Advocate. For Respondents: : Mr. Srijit Choudhary, Advocate Ms. Tanya Kumari, Advocate 4/Dated: 27th November, 2024 …... 1. 2. Heard learned counsel for the parties. The instant writ petition has been preferred by the primarily for issuance of direction upon Respondents, in the nature of mandamus, directing Respondents to allow the Petitioner to exit from integrated IMSC course pursued by Petitioner with Respondent-University and to consequentially issue Degree Certificate of Bachelor in Science in favour of Petitioner, as the Petitioner, admittedly, completed the course 1 up to 6th Semester entitling her to a Degree of B.Sc. Further prayer has been made for direction upon Respondents to return to the Petitioner all her original certificates submitted at the time of admission with Respondent-University. 3. The facts of the present case lie in a very narrow compass. Respondent-Birla Institute of Technology, Mesra (for short ‘BIT, Mesra’) is a deemed University and is situated in the district of Ranchi and offers various academic courses in its University. The dispute involved in the present writ application pertains to Integrated M.Sc. (Physics) Course offered by Respondent-University which was for a period of five years comprising of 10 semesters. 4. Petitioner took admission in Integrated M.Sc. (Physics) course with Respondent-University in the year 2017 and was allotted Roll No. IPH/10025/17. Aforesaid Integrated M.Sc. course offered by Respondent-University provided for grant of B.Sc. + M.Sc. degree after completion of 10 Semesters. However, a student was entitled to exit from Integrated M.Sc. course after completion of 6th semester examination and, upon such exit, was entitled for B.Sc. degree. The Admission Brochure clearly provided aforesaid option of exit from integrated programme after successful completion of 6th semester examination. However, it was provided, inter alia, in the Admission Brochure that in order to avail the aforesaid exit option, a student was required to submit in writing his/her willingness for exiting the course before 6th semester end examination. Upon exiting the course, student 2 was entitled to receive B.Sc. degree with major in Chemistry/Mathematics and computing/Physics/Food Technology. 5. Petitioner, admittedly, completed her 6th semester examination and it is the case of the Petitioner that due to COVID-19 pandemic, no regular semester examination was held and all students were declared Pass in 6th semester examination. 6. Petitioner intended to exit from Integrated course and wanted to pursue her further study from University of Hyderabad and, accordingly, Petitioner appeared in Entrance examination conducted by University of Hyderabad, result of which was declared on 24th October, 2020 and Petitioner was selected for admission in Master’s course in the University of Hyderabad. Accordingly, Petitioner, on 01.11.2020, applied for exit option and issuance of B.Sc. Degree with Respondent- University. 7. The further case of the Petitioner is that pursuant to an R.T.I. application filed by Petitioner, it was informed to her vide Letter dated 08.02.2021 that she was not allowed to exit from Integrated programme as Petitioner got herself registered for 7th semester and had not applied for exiting from Integrated course prior to 6th semester end examination. It is under the aforesaid circumstances, Petitioner has been compelled to approach this Court. 8. Mr. Sumeet Kumar Gadodia, learned counsel appearing for the petitioner assisted by Mr. Nilohit Choubey, learned advocate, referred the Admission Brochure and submitted that, admittedly, as per 3 Admission Brochure, Petitioner was entitled to exit from Integrated Programme after successful completion of 6th semester examination and was entitled for Graduation Degree i.e. B.Sc. Degree with major in Physics. However, it was submitted that in the Admission Brochure, it was provided, inter alia, that willingness to avail the exit option was to be exercised by the students before 6th semester end examination. It has been submitted that said clause in the Admission Brochure, which provides that submission of willingness for availing exit option before 6th semester end examination was merely directory in nature and not mandatory, as Respondent-BIT Mesra itself, vide Notices dated 22.04.2020, 13.06.2020 and 27.04.2021 gave option to the students for applying for exit option and award of B.Sc. degree after successful completion of 6 semester examination. It was, thus, contended that Respondents themselves have not treated the condition stipulated in Admission Brochure of expressing willingness to avail exit option before 6th semester end examination as a mandatory direction and, under the said circumstances, Respondents cannot deny the Petitioner the benefit of exiting from Integrated course and, consequentially, award of B.Sc. degree with major in Physics in her favour. 9. Counsel for the Petitioner further submitted that exactly identical issue came up for consideration before the coordinate bench of this Court in the case of ‘P. Soumya & anr. Vs. University Grants Commission’, reported in 2023 SCC OnLine Jhar 1145, wherein this 4 Court, while interpreting identical clause of exit option of Respondent- University, held that said clause was merely directory in nature and gave consequential direction for issuance of Graduation Degree in favour of said Petitioner. Said Judgment was challenged by Respondent-University in intra-court appeal and said appeal was also dismissed by the Division Bench of this Court vide its Judgment and order dated 8th May, 2024, being the case of ‘Birla Institute of Technology & ors. Vs. P. Soumya and Another’, reported in 2024 SCC OnLine Jhar 1684. In the said Judgment, this Court held, inter alia, that the condition stipulated in Admission Brochure of applying for exit option before 6th semester end examination is only directory in nature. 10. Per contra, Mr. Srijit Choudhary, learned counsel for the Respondent-BIT Mesra opposed the prayer made in the writ application and submitted that Admission Brochure clearly provided, inter alia, that students can apply for exit option under Integrated Course and would be entitled for Graduation Degree, but said option of exiting the Integrated course was to be exercised before end of 6th semester examination. Mr. Choudhary lays emphasis on the fact that Petitioner, admittedly, did not apply for exiting the course before end of 6th semester examination and, on the contrary, took admission in 7th semester and, only thereafter, applied for exit from Integrated course, which was impermissible as the same was contrary to Admission Brochure, which has a force of law. 5 11. He further submitted that Petitioner, while pursuing her course with Respondent-University, took admission in the University of Hyderabad which is impermissible under law and, accordingly, even otherwise, she was not entitled for the benefit of exiting from Integrated course and award of consequential Graduation degree i.e. B.Sc. (Physics) degree. 12. Respondents’ counsel further tried to distinguish the Division Bench Judgment of this Court in the case of BIT, Mesra –Vs- P. Soumya (supra) by contending, inter alia, that in the aforesaid case, this Court, in the facts and circumstances of the case, after taking into consideration the fact that completion certificate was already issued to the said student, held that the condition stipulated in Admission Brochure of exercising exit option before 6th semester end examination was merely directory and not mandatory. 13. Lastly, Mr. Srijit Choudhary submitted that if this Court is of the opinion that Petitioner should be extended the Degree of Graduation i.e. B.Sc. (Physics), this Court may direct, inter alia, that the Judgment of this Court may not be treated as a precedence as it will set a wrong impression among the students of Respondent-University, who may claim to exit from the Integrated course at their own will. 14. Having heard learned counsels for the parties, I am of the opinion that the issue involved in the present writ application is
Decision
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 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. “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 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.” 16. The contention of Mr. Choudhary that facts of the aforesaid case are distinguishable from the facts of the present case is not correct. It is true that in the aforesaid case, the student was issued Course Completion Certificate, which the Division Bench took into consideration while declaring that exit option clause is only directory and not mandatory. However, from a careful reading of the said Judgment, it would be evident that exit option clause was also held to be directory and not mandatory, not only because the student of the said case was issued Completion Certificate, but also keeping in view the overall interest and academic career of the student, especially when 8 Respondent-University itself provided for an exit option from Integrated course after completion of three years. 17. In the present case, in fact, Respondent-University itself has issued notices vide Notices dated 22.04.2020, 13.06.2020 and 27.04.2021, permitting the students to exercise exit option and, consequentially, award of B.Sc. Degree after successful completion of 6th semester. The dates of the aforesaid notices are also relevant in the present case, as during the aforesaid period, entire world was grappling under COVID-19 pandemic. A perusal of the aforesaid notices manifestly demonstrates that Respondent-University, being conscious of the Pandemic and extreme situation existing throughout the country, gave option to students for exiting from Integrated course after successful completion of 6th semester examination. Said notices nowhere specify that application for exit option is to be exercised by the students before 6th semester end examination. 18. Apart from the above, it is an admitted fact that Petitioner has already completed 6th semester examination and is otherwise entitled for Graduation Degree i.e. B.Sc. Physics and denying such Degree to Petitioner only on the technicality that Petitioner has failed to exercise the option of exit prior to end of 6th semester examination would be too harsh and would affect the entire academic career of the Petitioner. 19. However, this Court is further of the opinion that Respondent- University is also required to follow uniform guidelines for permitting one or the other students for availing exit option. 9 20. Under the aforesaid facts and circumstances of the case, I allow the instant writ petition and direct Respondent-University to issue Graduation Degree in favour of Petitioner, being B.Sc. Degree with major in Physics within a period of six weeks from the date of receipt of a copy of this order. Consequently, Respondent-University is further directed to return back all original certificates, if any, lying with it belonging to the Petitioner, which was submitted at the time of admission. However, in the facts and circumstances of the present case, it is declared that present Judgment would not be treated as precedence. 21. As a result, the instant writ petition is allowed and pending I.As., if any, stand disposed of. However, there shall be no order as to cost. (Deepak Roshan, J) Amardeep/ AFR 10