Akmalsha U.P. v. National Institute of Technology, Calicut (NIT Calicut)

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR** **WEDNESDAY, THE 25TH DAY OF JANUARY 2012/5TH MAGHA 1933** **WPC.No. 22305 of 2011 (K) -------------------------** **PETITIONER(S): -------------** **AKMALSHA U.P., AGED 21 YEARS S/O.MOIDEENKUTTY, SHAS' HOUSE, VELLUR PO POOKOTTOOR, MALAPPURAM 676 517.** **BY ADVS.SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH** **RESPONDENT(S):** **--------------** **1. THE NATIONAL INSTITUTE OF TECHNOLOGY (NATIONAL INSTITUTE OF TECHNOLOGY CAMPUS NIT CAMPUS PO, CALICUT 673 601 REPRESENTED BY ITS DIRECTOR.** **2. THE DEAN (UG) THE NATIONAL INSTITUTE OF TECHNOLOGY (NATIONAL INSTITUTE OF TECHNOLOGY CAMPUS NIT CAMPUS PO, CALICUT 673 601.** **R,R1-2 BY SRI.MILLU DANDAPANI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **wpc 22305/2011** **APPENDIX** ## **PETITIONER'S EXTS:** **EXT.P1 TRUE COPY OF THE CURRICULUM ISSUED BY THE DEPARTMENT OF ELECTRICAL ENGINEERING FOR B.TECH IN ELECTRICAL AND ELECTRONICS ENGINEERING (REVISION 2006)** **EXT.P2 TRUE COY OF THE STATEMENT OF MARKS OBTAINED BY THE PETITIONER IN VARIOUS EXAMINATIONS FROM THE 1ST SEMESTER TO THE 6TH SEMESTER.** **EXT.P3 TRUE COPY OF THE B.TECH ORDINANCES AND REGULATIONS FRAMED BY THE 1ST RESPONDENT.** **EXT.P4 TRUE COPY OF THE REQUEST DATED 28/07/2011 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR NIT, CALICUT.** **EXT.P5 TRUE COPY OF LETTER DATED 24/9/2011 ADDRESSED TO THE 1ST RESPONDENT BY THE PETITIONER (WITHOUT ENCLOSURES) AND THE ACKNOWLEDGEMENT CARD RELATING TO THE SAME.** **EXT.P5(a) TRUE COPY OF LETTER DATED 24/09/2011 ADDRESSED TO THE 2ND RESPONDENT BY THE PETITIONER (WITHOUT ENCLOSURES) AND THE ACKNOWLEDGEMENT CARD RELATING TO THE SAME.** **EXT.P6 TRUE COPY OF THE PROCEEDINGS DATED 26/09/2011 ISSUED BY THE 2ND RESPONDENT PERMITTING THEPETITIONER TO PROVISIONALLY REGISTER FOR THE COURSES IN THE 7TH SEMESTER.** **EXT.P7 TRUE COPY OF THE PETITIONER'S APPLICATION DATED 26/9/2011 TO REGISTER FOR THE COURSES OF THE 7TH SEMESTER.** **EXT.P7(a) TRUE COPY OF THE REGISTRATION CHIT DATED 26/9/2011 ISSUED TO THE PETITIONER BY THE RESPONDENTS.** **EXT.P8 TRUE COPY OF THE ACADEMIC CALENDAR FOR THE MONSOON SEMESTER 2011 PUBLISHED BY THE RESPONDENTS.** **EXT.P9 TRUE COPY OF THE PETITIONER'S CORRECTED ANSWER SHEETS IN THE INTERNAL EXAMINATION FOR ECONOMICS CONDUCTED ON 12/10/2011** **EXT.P9(a) TRUE COPY OF THE PETITIONER'S CORRECTED ANSWER SHEET FOR THE INTERNAL EXAMINATION FOR SWITCH GEAR AND PROTECTION CONDUCTED ON 13/10/2011** **EXT.P10 TRUE COPY OF OFFER LETTER DT.4/11/2011 ISSUED TO THE PETITIONER BY TAVANT TECHNOLOGIES PVT.LTD.** **EXT.P11 TRUE COPY OF COMMUNICATION DT.9/11/2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXT.P12 TRUE COPY OF LETTER DT.14/11/2011 FROM THE PETITIONER TO THE 2ND RESPONDENT.** **EXT.P13 TRUE COPY OF THE RELEVANT PAGE OF THE RESULTS OF 7TH SEMESTER B.TECH DEGREE EXAMINATION, NOVERMBER 2011 PUBLISHED BY THE RESPONDENTS ON 16/12/2011** **WPC 22305/2011 -2-** **EXT.P14 TRUE COPY OF THE NOTICE DATED 1/11/2011 PUBLISHED BY THE RESPONDENTS.** **RESPONDENTS' EXTS:** **EXT.R1(a) PHOTOCOPY OF MARK TRANSCRIPT OF THE PETITIONER. EXT.R1(b) PHOTOCOPY OF LIST OF STUDENTS WHO ARE NOT MEETING THE PROVISIONS OF RULE 10 OF EXT.P3 REGULATIONS AND WHO HAVE BECOME ELIGIBLE FOR REGISTRATION TO 7TH SEMESTER REFERRED TO IN THE STATEMENT.** ## **`ms`** ``` \\True copy// ``` ``` P.A to Judge ``` ## **`T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22305/2011-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25[th] day of January, 2012`** ## **`J U D G M E N T`** The writ petition is filed by the petitioner who is a student under the first respondent-National Institute of Technology, Kozhikode. The whole dispute raised is regarding the eligibility to register for the 7[th] Semester course. 2. The bare facts necessary for the disposal of the writ petition are the following:- The petitioner obtained admission to the B.Tech course through the All India Entrance Examination in the year 2008. It is averred that he had obtained 94% marks in 10[th] standard examination and 88% marks in the 12[th] standard examination. 3. The B.Tech course in Electrical and Electronics is spread over to 8 Semesters and at the end of each Semester, there are written and practical examinations. Ext.P1 is the curriculum issued by the Department of Electrical Engineering and Ext.P2 is the statement of marks obtained by the petitioner in various examinations from the 1[st] Semester to the 6[th] Semester. ## **W.P.(C). No.22305/2011** ## **-:2:-** 4. The relevant rules and regulations are contained in Ext.P3 which are called “B.Tech Ordinances and Regulations”. When the petitioner wanted to register himself for the 7[th] Semester examination, objections were raised, in spite of the recommendation by the Faculty Advisor and the Head of the Department. Ext.P4 is the request made by the petitioner before the Director. It is at this stage, this writ petition was filed. 5. This Court by interim order dated 20/09/2011 provisionally allowed the petitioner to register for the 7[th] Semester course and accordingly, he was allowed to register for the said course and has completed the same and later, by an interim order dated 19/11/2011, he was permitted to appear for the examination also. 6. Before going into the questions raised, an examination of the Scheme under Ext.P1 is necessary. Going by the stipulations of Ext.P1, it can be seen that the total number of credits to be acquired by the student through out the 8 Semester course is 175. With respect to each Semester, the number of credits have been specified as evident from the table provided in Ext.P1 itself. The petitioner points out that he became successful in the 1[st] Semester with 19 credits, but failed in one paper which he successfully completed in the summer term 2009-10. In the 2[nd] Semester examination, the petitioner obtained the maximum 22 credits. In the 3[rd] Semester ## **W.P.(C). No.22305/2011** ## **-:3:-** examination, he obtained the maximum of 24 credits including one for value education. In the 4[th] Semester examination, he initially obtained only 12 credits having failed in 3 subjects. He cleared two subjects out of the 3 subjects and obtained 7 more credits for the 4[th] Semester but he did not pass in the subject Linear System Analysis. For the 5[th] Semester, he obtained 26 credits after passing in all the examinations and in the 6[th] Semester, he obtained 18 credits. 7. At the time of registration of the 7[th] Semester, he had to clear one paper in Linear System Analysis of the 4[th] Semester. By the time he had obtained a total of 128 credits. 8. The contention raised by the petitioner in the writ petition is by relying upon the relevant regulation, namely, R.10.1 of Ext.P3 and it is pointed out that for moving from one Semester to another, a minimum of 15 credits alone is required which is applicable for the 7[th] Semester also. Heavy reliance was placed on the recommendation made by the Head of the Department as per Ext.P4. A reading of Ext.P4 shows that the recommendation was made in the light of the fact that he has earned total credits of 128 and only because of his certain health problems he had to suffer for sometime, and he has cleared the major part of the backlog also with just one paper remaining. ## **W.P.(C). No.22305/2011** ## **-:4:-** 9. The first and second respondents have filed a detailed counter affidavit. 10. Heard the learned counsel for the petitioner Shri P.Gopinath Menon, learned Standing Counsel for the respondents Shri Millu Dandapani. 11. Learned counsel for the petitioner submitted that the entire scheme produced as Ext.P3, on an analysis, will bring out the fact that as far as promotion to the various Semesters are concerned what is required is only that the student must earn credits at the minimum of “15” alone. My attention was invited to the relevant regulations of Ext.P3 to further contend that during the progress of a student from various Semesters, the credits which are provided as per Ext.P1 even though are insisted, the student will get opportunities to clear off the backlog at different stages which were utilised by the petitioner also. It is pointed out that because of certain psychiatric problems the petitioner had to suffer and had to undergo treatment for sometime, but immediately after the problems were over, he could clear the backlog. When he was expected to register for the 7[th] Semester course, only one paper of the 4[th] Semester had to be cleared. It is therefore, submitted that as far as promotion to the next higher Semesters ## **W.P.(C). No.22305/2011** ## **-:5:-** are concerned, what is relevant to consider is the requirements of regulation 10.1 which he has fully satisfied. 12. This argument of the learned counsel for the petitioner is opposed by the learned counsel for the respondents by pointing out that the various credits provided at the 1[st] level will have to be earned before reaching the 3[rd] level and those at 2[nd] level will have to be earned before reaching the 4[th] level as specified in R.10.3 of Ext.P3. It would imply that the credits of the first level i.e. the 1[st] year courses had to be earned before the student reaches the 3[rd] level i.e. 3[rd] year and the credit at 2[nd] level i.e. 2[nd] year courses has to be earned before the student reaches the 4[th] level i.e. the 4[th] year and there is no escape from the said obligation and what is provided in R.10.1 is to enable the student to clear the Semesters upto those levels and before reaching the 7[th] one. It is pointed out that herein the petitioner could get the benefit of the regulation, namely, R.10.1 during the earlier Semesters upto the 7[th] Semester and, therefore, it is not as if the petitioner was never given the benefit of the relevant regulation, R.10.1. My attention was invited to the relevant regulations in Ext.P3 to contend for the position that regulations 10.1 and 10.3 are not contradictory as argued by the learned counsel for the petitioner. ## **W.P.(C). No.22305/2011** ## **-:6:-** 13. In fact, the details of the curriculum, importance of the relevant regulations and the way in which they will operate have been elaborately explained in the counter affidavit. 14. As far as the terms used in Ext.P3 are concerned, it is explained in the counter affidavit in para.5 that first year courses are known as first level course, second year courses as second level course and similarly, for the 3[rd] year and the 4[th] year also. For easy reference, I shall extract paras.7 and 8 of the counter affidavit which explains the real import of regulation R.10.3 of Ext.P3. “7. It is humbly submitted that in the light of the above submissions, it is pertinent to refer to Rule 10.3, which reads thus-- 'R.10.3 The credit requirement specified in the curriculum at first level has to be earned before a student reaches 3[rd] level and that at second level to be earned before reaching 4[th] level, failing which provisions of R27 will be applicable.' As per Rule 10.3, the credit requirement specified in Curriculum at the first level has to be earned before a student reaches third level, i.e., 1[st] Semester is 19 and in the 2[nd] Semester is 21. Thus, a total 40 credits has to be earned before ## **W.P.(C). No.22305/2011** ## **-:7:-** reaching 3[rd] level, i.e., the petitioner has to pass all the first year courses in order to become eligible to register for 5[th] Semester Course (3[rd] level). Going by Rule 10.3, the credit requirements specified in the Curriculum at the first level has to be earned before the student reaches 3[rd] level and that the 2[nd] level has to be reached before reaching 4[th] level, which is 7[th] Semester. 8. The second limit of Regulation 10.3 stipulates that before a student reaches 4[th] level, he or she has to clear the 2[nd] level Courses by earning the credit requirements specified as per the Curriculum. Second level includes 3[rd] and 4[th] Semesters. As per the Curriculum, a student has to acquire 22 credits in 3[rd] Semester and 23 Credits in 4[th] Semester. Thus, a total of 45 credits have to be acquired in the 2[nd] level, in order to be admitted/registered for 4[th] level, in other words 7[th] Semester Course.” 15. I shall also refer to the entire scheme by referring to the relevant regulations in Ext.P3 itself. As already noticed, the minimum total credits provided for any branch of B.Tech programme as per regulation, R2 under the heading “Structure of the B.Tech. Programme” will be 175 going by regulation R2.5. This is again clarified in regulation, R2.7 also stating that the minimum credits to be earned for the award of B.Tech.Degree are 175. Regulation No.6 concerns “Registration and Enrolment” and ## **W.P.(C). No.22305/2011** ## **-:8:-** regulation No.6.1 states that “except for the first and second Semesters, registration and enrolment will be done in the beginning of the Semester as per the schedule announced by the Dean (UG)”. Therein it is further provided as follows:- “A student will be eligible for enrolment only if he/she satisfies R.11 and will be permitted to enroll only if (i) he/she has cleared all dues in the Institute, Hostel & Library up to the end of the previous Semester and (ii) he/she is not debarred from enrolment by a disciplinary action of the Institute.” 16. Therefore, for further enrolment the student will have to satisfy R.11, which is under the heading “Maximum duration of the programme”. As far as the registration requirements are concerned, the relevant regulation is R7 under the heading “Registration requirement” which is also important. Under R7.1 it is provided that “B.Tech students upto 6[th] Semester are allowed to register for a maximum of 24 credits and 7[th] and 8[th] Semester students upto a maximum of 28 credits”. In fact, this scheme will thus indicate that the student need not register for all the subjects that is provided to earn the maximum credits itself and he has got some option in the matter also as is clear from the remaining part of R7.1 itself. ## **W.P.(C). No.22305/2011** ## **-:9:-** 17. “Summer term courses” and “Contact courses” are explained in regulation Nos.R8 and and R9 respectively. For our purpose, what is important is R.10.1 and R.10.3 which are reproduced below:- “R10.1 A student should earn not less than 10 credits in the first Semester and 25 credits including summer term courses, at the end of the second Semester. Thereafter, he/she must earn credits at a rate of 15 or more per Semester. The credit requirements mentioned above does not include OT courses, which are Pass/Fail courses and are not considered for CGPA calculations. If any student does not satisfy the above requirement he/she has to earn the required number of credits by registering for courses in lower Semesters. However, if the shortage can be made up with 3 credits, Dean UG with specific recommendations of DCC may provisionally permit the student to register for next higher Semester. Registration for courses in higher Semester is permitted only after earning credits as specified above. R.10.3 The credit requirement specified in the curriculum at first level has to be earned before a student reaches 3[rd] level and that at second level to be earned before reaching 4[th] level, failing which provisions of R27 will be applicable.” ## **W.P.(C). No.22305/2011** ## **-:10:-** 18. Going by regulation No.R11 the maximum duration of the programme is eight Semesters. However, a student may complete the programme at a slower pace by taking more time, but in any case not more than 12 Semesters excluding the Semesters withdrawn on medical grounds etc. The next sentence therein is quite important to understand the scheme further. It is stated as follows:- “However,the students have to satisfy R10.1, failing which action will be initiated to cancel the registration.” Therefore, the co-relation between regulation No.10.1 and 10.3 is clear. It is not as if as contended by the learned counsel for the petitioner that a minimum credit of 15 per Semester will automatically allow a student to register for all the higher Semesters. 19. The importance of regulation 10.3 is that the student will have to earn the credit requirement specified in the curriculum at first level before a student reaches 3[rd] level and that at second level to be earned before reaching 4[th] level. The consequence of not clearing the same is evident from regulation 27 which provides that a student who does not satisfy provisions of R10.3 is allowed to register only for lower level courses for a period of one year. At the end of one year, if the student still does not satisfy the ## **W.P.(C). No.22305/2011** ## **-:11:-** provisions of R10.3, he/she is not eligible to continue the programme in the Institute. 20. The provision for attendance is covered by regulation 14 under the heading Attendance. A minimum of 80% attendance is required going by the same to appear for the end -- Semester examination for that course. 21. Therefore, the scheme as above is a comprehensive one, with due importance to the earning of minimum credits for the Semesters from 1[st] Semester onwards and giving opportunities to the student to clear the backlog during the period he proceeds to the various higher Semesters etc.. Ultimately, one will have to go by R10.3, for enabling the student to register for the 7[th] Semester. If the levels as provided under R.10.3 are not cleared then naturally, the student will not be able to register for the 7[th] Semester course, which has happened in this case. 22. In that view of the matter, even though it is contended vehemently by the learned counsel for the petitioner that the scheme really allows a person like the petitioner, who had to clear only one paper to advance naturally to the 7[th] Semester, the same cannot be accepted. Of course, the reasons pointed out by the petitioner were beyond his control that he had to suffer some health problems. True that after getting himself out of the said dilemma, he could clear the backlog within no time which ## **W.P.(C). No.22305/2011** ## **-:12:-** fact is reflected in Ext.P4 recommendation by the Head of the Department. But as far as the institution is concerned, they have stated in the counter affidavit that they cannot relax it in favour of one student and, therefore, the curriculum as well as the regulation will have to be interpreted as mandatory itself. I find force in the above pleas. 23. The learned counsel for the petitioner then submitted that based on the interim order passed by this Court, the petitioner was allowed to register for the 7[th] Semester and he has completed the same and appeared for the examinations and according to him, he has performed well in the examinations and has also passed in the paper Linear System Analysis which alone had to be cleared by him. It is therefore, submitted that if the results which are now withheld are not announced, then the petitioner may lose one more year which will have more adverse impact on his entire career. It is pointed out that the petitioner comes from a very poor family but has got a bright academic record and he has already obtained an appointment by a campus selection. 24. Evidently, the petitioner continued with the 7[th] Semester in the light of the interim order passed by this Court initially, on 20/09/2011 and at the stage of appearing for the examination, this Court by another interim ## **W.P.(C). No.22305/2011** ## **-:13:-** order dated 19/11/2011 permitted the petitioner to appear for the said examination on a provisional basis. 25. Even though the learned counsel for the respondents vehemently opposed the prayer for declaration of results on the plea that the petitioner could not have registered for the 7[th] Semester examination, as rightly pointed out by the learned counsel for the petitioner, if the petitioner is again directed to repeat the 7[th] Semester course, he may lose effectively one more year. Therefore, if the petitioner is not granted the benefit of the interim order, that will result in more adverse circumstances of the petitioner. It is therefore, submitted that a lenient view may be taken, especially, in the background of the case that he is a bright student and has been able to clear off the backlog in no time. 26. This Court may have to balance various aspects while considering the said plea. Of course, the institution was right in pointing out the mandatory nature of the regulations and the importance of the curriculum as well as other factors as far as the entire student community is concerned. 27. Having regard to the various aspects pointed out by the learned counsel for the petitioner and having considered the fact that the petitioner was allowed to undertake the course by the interim order of this Court and ## **W.P.(C). No.22305/2011** ## **-:14:-** if the results of the examinations are not announced, he may have to lose another one year for completing the course, without treating it as a precedent, I am of the view that for the ends of justice, the results of the petitioner can be announced. 28. In this context, one of the aspects pointed out by the learned Standing Counsel for the respondents is that the petitioner will be lacking in attendance also. But, the learned counsel for the petitioner points out by referring to the affidavit filed before this Court along with I.A.No.18392/2011 that the loss of attendance if any is only because he was not allowed to register the course in spite of the recommendation of the Head of the Department and after the interim order was passed, he had attended all the classes from 26/09/2011 onwards. The details of the same have been averred in para.5 of the affidavit. He could catch up with the course due to hard work. It is also clear from the affidavit that the petitioner was able to score 18.75 out of 20 marks in “Economics” in the internal examination held on 12/10/2011, 15.5 out of 20 marks in the internal examination for “Switch Gear and Protection” conducted on 13/10/2011 and Exts.P9 and P9(a) are the copies of the corrected answer sheets produced produced in support of the averments. Therefore, the academic achievements of the petitioner project a very bright picture. Hence, even ## **W.P.(C). No.22305/2011** ## **-:15:-** though, he was not allowed to register for the course initially but was allowed based on the interim order passed by this Court, I am of the view that the plea of lack of 80% attendance will not stand in the way of declaring the results. He has attended all classes after the interim order was passed and he was granted registration. 29. The learned counsel for the respondents relied upon the principles stated by the Apex Court in **M.G.University v. Gis Jose [2008 (4) KLT 216 (SC)]** and **Regional Officer, C.B.S.E v. K.U.Sheena Peethambaran and others [(2003) 7 SCC 719]** to oppose the prayers of the petitioner. 30. I have already noticed that the petitioner was allowed to register for the 7[th] Semester course based on the interim order. Of course, the learned counsel for respondents is right in submitting that such an interim order, ultimately, if the writ petition is not allowed will not help the party to avail the benefit. In fact, I have considered various aspects as evident from the pleadings, especially, with regard to the academic background of the petitioner and the manner in which he could clear himself in the various examinations. Therefore, without treating it as a precedent at all, the respondents will declare the results of the examinations for the 7[th] ## **W.P.(C). No.22305/2011** ## **-:16:-** Semester on the special facts of this case alone. But, with regard to the further registration, if the petitioner has cleared the 7[th] Semester and obtained the minimum credit as per regulation 10.1, he will be allowed to register for the 8[th] Semester. Appropriate action will be taken and will be informed to the petitioner within a period of one week from today. The writ petition is disposed of as above. No costs. ``` (T.R. Ramachandran Nair, Judge.) ``` ## **`ms`**