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1989 DIGILAW 386 (KAR)

A. P. VEDAMURTHY v. UNIVERSITY OF AGRICULTURAL SCIENCES

1989-11-02

N.VENKATACHALA

body1989
VENKATACHALA, J. ( 1 ) DO the Statutes of the University of agricultural Sciences made under the university of Agricultural Sciences Aei, 1963, (for short "the Statutes") and the calendar of Academic Information of the university of Agricultural Sciences (for short "the Calendar"), require a student joining the Bachelor of Fisheries Sciences Degree course of that University to make good the period of a trimester not attended by him in an academic year, by pulling his attendance for that degree course beyond its normal four academic years period, is the question which arises for decision in this writ petition. ( 2 ) FACTS which are material for decidingthe said question, briefly stated, arc: The petitioner joined the B. F. Sc. , Degree Course of the University in the academic year 1985-86. He successfully completed the first trimester of the first academic year comprised of a period of 14 weeks. As he fell ill subsequently, he did not attend the second trimester of that academic year comprised of another period of 14 weeks. However, he attended the third trimester of that very academic year comprised of a further period of 14 weeks. Thereafter, he attended the three trimesters of the second academic year as well as three trimesters of the third academic year. But, when he attended the first trimester of 4th academic year, though he could have taken for his study seven subjects prescribed for study in that trimester, he did not choose to take one of those subjects, namely, "stat-303 Statistical Methods in Fisheries (Pre-requisite Stat-302)". The subject so left out was not taken by him for study even during the second trimester of that fourth academic year. Then, when he had to lake the third trimester of the fourth academic year, he requested the Director of instruction in the College of the University where he was studying, to offer him for study the subject "stat-303, Statistical Methods in fisheries (Pre-requisite Stat-302)"), which he had not taken for his study along with other subjects of the first trimester of the fourth academic year. That Director of intruction offered to the petitioner the study of the subject sought, as was done respecting four other repeaters. That Director of intruction offered to the petitioner the study of the subject sought, as was done respecting four other repeaters. When the petitioner had attended the course in that subject for four weeks out of the 14 weeks period meant for study of that subject, the University directed him not to attend the course in that subject. It is that direction which has been impugned by the petitioner in this writ petition, on the plea that the Statutes and the calendar did not empower the University to prevent the petitioner from completing the course of study in the subject "stat- 303, statistical Methods in Fisheries (Pre-requisite Stat- 302)" when it was offered for his study by the Director of Instruction of the college. The petitioner's prayer in the writ petition was that the University should be restrained from preventing the petitioner from completing the course of his study in the subject "stat-303, Statistical Methods in fisheries (Pre-requisite Stat-302)" attended by him during four weeks out of the period of 14 weeks of that course, which he had taken while completing the third trimester of his fourth academic year. ( 3 ) THE University, after notice to it, hasfiled its statement of objections to the writ petition. In the meantime, the petitioner is said to have completed the course of 14 weeks in the subject "stat-303, Statistical methods in Fisheries (Pre-requisite Stat-302)" during the third trimester of his fourth academic year by reason of an interim order which had been made in this writ petition, earlier. ( 4 ) THE stand taken on behalf of theuniversty is that when a student of B. F. Sc. , degre Course, as any other student simlirly situated, has not attended a trimester in any of his four academic years, the University has no option other than making such student stay back in the college of the University beyond the usual four academic years period, so that he may make good his trimester period which he had lost due to non-attendance. It is that stand taken on behalf of the University which has given rise to the need to consider and decide upon the question, adverted to at the outset, and I shall proceed to deal with the question accordingly. It is that stand taken on behalf of the University which has given rise to the need to consider and decide upon the question, adverted to at the outset, and I shall proceed to deal with the question accordingly. ( 5 ) THE claim made by the petitioner tocontinue his study of the subject "stat-303, statistical Methods in Fisheries (Prerequisite Stat-302)", to the study of which he had been admitted by the Director of instruction of the college during his third trimester period of the fourth academic year, may be formulated thus: statute 51 (2) of the Statutes enables a student who has been admitted to Bachelor's degree Course including the Bachelor's degree in Fisheries Sciences, to complete that course creditably by securing 192 course credits, ie. , by putting 192 credit hours of study and earning credit grade average of 2. 00/4. 00 in that course, though such student will not ordinarily be allowed to carry less than 12 credit hours and not more than 19 credit hours during nine trimesters of the first three academic years and 21 credit hours during three trimesters of the fourth and the last academic year. Hence, the pattern of education in the trimester system, having been based on study in terms of credit hours, the period taken to get the degree in the course of his study depends upon the credit hours which he puts in to obtain such degree, requiring at least study by a student of four academic years period. While that is the correct position relating to the period of study by a student admitted to a degree course, there was absolutely no warrant for the stand of the University that a student of the 12th trimester who was offered for his study by the Director of Instruction of the concerned college, a subject not taken by him for study during previous trimesters, cannot continue with the study of that subject. On the contrary, what is stated in the statement of objections filed on behalf of the university, is to the following effect: statute 51 (2) of the Statutes, no doubt, speaks of the total course credits to be put in and credit grade average points to be earned, by a student to obtain his degree in a course of study to which he will have been admitted in the University's college. But, Statute 51 (2) of the Statutes, if is read along with Statute 41 (a) and 41 (b) of the Statutes, would require of a student joining degree course in the college of the University, to put in attendance in the college, so as to make up a period of our academic years, that is, a total period of 48 months. Hence, the stand taken on behalf of the University is, that a student if has not attended a trimester in any academic year, he has to mate good such period by attending one or other courses of his study beyond the four academic years required for completion of the degree course. That is why, the University, it is said, has prevented the petitioner from prosecuting his study in the subject "stat-303, Statistical Methods in Fisheries (Pre-requisite Stal-302)" during the period of his third trimester of the fourth academic year. The permissibility or otherwise of a student being offered a course of study of a subject of a previous trimester during the 12th trimester of the fourth academic year since depends on the content of the relevant statutes adverted to earlier, they may be excerpted: statute 51 (2) in so far as it is material, reads thus:"51 (2) - An enrolled student, in order to earn a Bachelor's degree, shall creditably have completed in the university or acquired by approved transfer 192 course credits applicable to the particular degree. . . . . . . . . . . . . . . . . . . . . . . . . and shall have earned an overall credit grade average of 2. 00/4. 00 for courses completed in the University. In addition to the above,the student shall in the judgment of the fatuity, possess good moral habits and a high standard of honesty. "statute 41 refers to the academic year and trimester in its Clauses (a) and (b), thus:" (A) Academic year - A twelve month period during which a cycle of work is completed. (b) Trimester - A fourteen weeks period, there-being three such periods in an academic year. "certain other matters dealt with in the calendar need mention, as the same could be of assistance in a proper appreciation of the stand taken on the question by either side. Under Chapter V, while it has been mentioned that the duration of B. F. Sc. "certain other matters dealt with in the calendar need mention, as the same could be of assistance in a proper appreciation of the stand taken on the question by either side. Under Chapter V, while it has been mentioned that the duration of B. F. Sc. , course is approximately of four years, it is stated thus as regards the pattern of education:"as the pattern of education is in the trimester system based on credit hours, the time taken to get the degree will ultimately depend upon the time taken by the student to complete the prescribed credit hours as also remedial courses, if any. "in the same chapter, there is a reference to course curriculum for B. F. Sc. , Degree. There, a mention is made of the credit hours to be put in by students of the course as 192 in all. As to the registration of students to the courses, this is what has been stated in that chapter:" Students who are selected for admission are required to register for courses during each trimester on the date fixed for registration. Registration for a trimester commences three weeks in advance of the date of closure of the previous trimester on a provisional basis. The last dale for registration for the succeeding trimester shall be the first day of that trimester. The attendance will be counted from the date of commencement of the trimester. Students failing to register for courses in the trimester within the time allowed shall be treated as having discontinued from the courses during that trimester. Again, in the same chapter, there is a reference to academic year as one of 12 months during which cycle of study has to be completed. Then, there is again a reference to trimester as being approximately of 14 weeks period, there-being three such period in an academic year. There is also a reference to maintenance of satisfactory standing in courses thus : " (1) An enrolled student shall not ordinarily he allowed to carry less than 12 and more than 19 course credits during a trimester. (2) The students of various courses of the university should complete the remedial courses by the end of first six trimesters. There is also a reference to maintenance of satisfactory standing in courses thus : " (1) An enrolled student shall not ordinarily he allowed to carry less than 12 and more than 19 course credits during a trimester. (2) The students of various courses of the university should complete the remedial courses by the end of first six trimesters. "then, there is again a relcrence to the discretion vested in the Director of Instruction concerned which says that the D. I. concerned, at his discretion, may allow a student to register upto 21 credits in all the three trimesters during the last year of (he course. ( 6 ) IT has to be noliecd here that it is notin dispute that the calendar is what is prepared pursuant to the power conferred on 'the Academic Council' of the University under Section 28 (e) of the said Aet. What emerges from the above provisions of the statutes and the calendar, us far as they are applicable to B. F. Sc. , Degree Course, could be put in a nut-shell thus: a student who takes B. F. Sc. , Course in the University shall acquire 192 course credits and earn an overall credit average of 2. 00/4. 00 for the courses of his study, besides possessing good moral habits and high standard of honesty, to obtain a Degree of b. F. Sc. Though duration of the courses of study taken by a student joining the said degree course in the college of the University is four academic years comprised of twelve trimesters, what is expected of such student in completing the degree course is the putting in of the prescribed credit hours and earning of the credit grade average points. However, a student who is unable to take or complete any trimester or a course in a trimester for any reason whatsoever including his absence, is enabled to take or complete such trimester or course in a trimester by registering himself for such course while he is attending other trimesters, provided the study of such course does not come in conflict with the study of other subjects of the concerned trimester and the course credits to be taken by him during the regular trirhcsler do not exceed the permissible limits. At any rate, the provisions in the statutes or the calendar do not compel a student who has nol attended a trime or to remain in the college beyond the period of four academic years, to make good the period of unattended trimester. ( 7 ) FROM what 1 have said of the Statutesand the Calendar of the University of agricultural Sciences, it follows thai the statutes and ihe Calendar of the University do not require of a student of B. F. Sc. , degree Course in the College of the university to make good the period of a trimester not attended by him in an academic year, by putting his attendance tor that degree course beyond the four academic years period. ( 8 ) IN the result, I allow this writ petitionand direct the University of Agricultural sciences (respondenl-1) which has permitted the petitioner to complete the course of study in the subject "stut-303, Statistical methods in Fisheries (Pre-requisite stat-302)" by reason of an interim order made by this Court, lo grant him the necessary certificates which he may become entitled by reason of the completion of the study in the said subject. ( 9 ) HOWEVER, in the circumstances of thecase, I make no order as to costs. Writ petition allowed. --- *** --- .