Suman Kumar v. Jawaharlal Nehru Technological university, rep. by Vice-Chancellor
2004-03-09
A.GOPAL REDDY
body2004
DigiLaw.ai
A. GOPAL REDDY, J. ( 1 ) THE issue that falls for adjudication in all the writ petitions is one and the same. Hence it is expedient to dispose of all the writ petitions by this common order. ( 2 ) PETITIONERS who are all Engineering students are not promoted to the III year on the ground that they have not secured the required credits of 56 out of 84 total credits from the I year (regular and supplemental) and 1st semester of II year in terms of regulation 6 (iii) of Academic Regulations (for short the Regulations ) effective from the academic year 1999-2000 and onwards, which is the subject matter of controversy in all the writ petitions. ( 3 ) IT is not dispute that all the writ petitioners who are admitted into various engineering Courses in the Colleges affiliated to Jawaharlal Nehru Technological university (JNTU) for the academic year 2001-2002. The minimum academic requirements which a student has to satisfy to be promoted from II year to III year is stipulated in Regulation 6 which reads as under:6. Minimum Academic Requirements: the following academic requirements have to be satisfied in addition to the attendance requirements mentioned in item No. 5. (i) A student shall be deemed to have satisfied the minimum academic requirements and earned the credits allotted to each theory or practical design or drawing subject or project if he secures not less than 35% of marks in the end examination and a minimum of 40% of marks in the sum total of the internal evaluation and end examination taken together. (ii) A student shall fulfil the academic requirements with regard to I year subject within three consecutive academic years from the year of his admission. If he has failed to do so he shall forfeit the seat in engineering. To be specific, he has to complete all the I year subjects in 3 regular examinations and 2 supplementary consecutive examinations from the date of admission. (iii) A student shall be promoted From II to III year only if he fulfils the academic requirement of 56 credits from the regular and supplementary examinations of I year and from the regular examination of II year I semester.
(iii) A student shall be promoted From II to III year only if he fulfils the academic requirement of 56 credits from the regular and supplementary examinations of I year and from the regular examination of II year I semester. (iv) A student shall be promoted from third year to fourth year only if he fulfils the academic requirements of 100 credits from the examinations, (a) Two regular and Two supplementary examinations of I year. (b) Two regular and one supplementary examinations of ii year I Semester (c) Two regular and one supplementary examinations of ii year II Semester. (d) One regular III year I Semester examination. (v) A student shall earn all the 212 credits offered as indicated in the course structure. All the students who appeared for the I year examination (regular and supplementary) and 1st semester of II year examination failed to secure minimum academic requirements of 56 credits from the regular and supplementary examinations of I year and regular examination of II year 1st semester. As the petitioners have not promoted to the III year on the ground that they have not acquired the academic requirement of 56 credits, the present writ petitions have been filed contending that as per Regulation 6 (ii) student can fulfil the academic requirements with regard to I year subjects within 3 consecutive academic years from the year of his admission and only if he fails to fulfil the academic requirements he will forfeit the seat. In view of the same, petitioners cannot be denied promotion to the III year on the ground that they have not acquired the required credits. Petitioner in W. P. No. 1638 of 2004 appeared for the 2nd supplementary examination in may, 2003 results of which are awaited and subsequently he secured 64 credits, but he was not promoted to the III year. All the students who appeared for the 2nd semester of the II year examination and who are awaiting for the results should be taken into consideration for calculating the minimum requirements of 56 credits. In view of the same, not promoting the petitioners to the III year is arbitrary and illegal. ( 4 ) RESPONDENTS filed counters in w. P. No. 27418 of 2003 and W. P. Nos.
In view of the same, not promoting the petitioners to the III year is arbitrary and illegal. ( 4 ) RESPONDENTS filed counters in w. P. No. 27418 of 2003 and W. P. Nos. 818 and 1638 of 2004 in identical pleas contending that Section 4 (2) (i) of Jawaharlal nehru Technological University Act, 1972 (for short the Act ) empowers the University to prescribe the rules for the discipline of the students of the University. The Academic development Board is an authority of the university as specified in Part-ll of the schedule to the Act and Academic regulations have been framed by the Board pursuant to the powers vested in it under 7 (b) of the Second part of the Schedule to the Act. Regulation 6 (i) prescribes the maximum period for completion of the entire course as 8 years from the year of admission. Regulation 6 (ii), as referred to above, prescribes the minimum academic requirements to be secured for promotion from II year to III year. Regulation 6 (iii) prescribes the conditions to be fulfilled by the students to be automatically promoted to the iii year and that Regulation 6 (iv) prescribes the conditions for automatic promotion to the fourth year. In all the cases, we are concerned only with the promotion of students from II year to III year. The course of III year commenced from June, 2003. ( 5 ) IT is not out of place to notice the interim orders granted in W. P. No. 27418 of 2003; 1579, 1593, 1635 and 1638 of 2004 are after completion of I semester of III year examinations for which vacate petitions have been filed. ( 6 ) SINCE the arguments made by all the counsel are overlapping, it is not necessary to reproduce in detail. Suffice it to say counsel in one-voice states that once regulation 6 (ii) permits the students to complete I year subjects in three consecutive academic years from the year of admission, for calculation of credits restricting it to regular and supplementary examination of I year and regular examination of II year I semester is arbitrary and illegal. Candidates like petitioner in w. P. No. 1635 of 2004 who appeared for 2nd supplementary examination in May, 2003 and awaiting results cannot be denied promotion if he secures required credits on publication of results.
Candidates like petitioner in w. P. No. 1635 of 2004 who appeared for 2nd supplementary examination in May, 2003 and awaiting results cannot be denied promotion if he secures required credits on publication of results. It is also contended that all the students have also appeared for the II year 2nd semester examination and results of which are not published before the academic year commences. In view of the same, credits which they secured in the II year 2nd semester can also be taken into consideration to fulfil 56 credits for the purpose of promotion from II year to III year. ( 7 ) ON the other hand, learned Standing counsel for JNTU contends that regulation 6 (ii) will operate in different situation if a candidate failed in I year subjects has to complete the same within three consecutive academic years from the year of examination and failing to do so will forfeit the seat but not for any other purpose. Whereas Regulation 6 (iii) envisages promotion from II year to III year on fulfilling academic requirement of 56 credits from out of 84 credits but not otherwise. ( 8 ) A reading of Regulation 6 (ii) and 6 (iii) will indicate both operate in different circumstances, namely 6 (ii) mandates that candidate shall complete all the I year subjects within three consecutive academic years from the year of admission, failing to complete within the prescribed period he will lose his seat even though he completes the 2nd semester of II year examination. But whereas 6 (iii) envisages promotion of the student from II year to III year on his fulfilling academic requirements of 56 credits from the I year (regular and supplementary) and regular examination of II year I Semester, and even if a candidate not completed all the subjects of I year but still he earns only 28 credits apart from 28 credits of the II year I semester regular examination he is eligible to be promoted to III year, since the candidates are entitled to fulfil the academic requirement with regard to I year subjects within three consecutive years from the year of admission.
( 9 ) IN view of the same, the submission made by the learned counsel for the petitioners that since petitioners are entitled to complete I year subjects within three consecutive years they are entitled to be promoted to the Ml year is misconceived. Equally, the submission made by the learned counsel that candidates who appeared for the II year 1st semester examination and awaiting for the results should also be taken into consideration for fulfilling the minimum academic requirement of 56 credits also cannot be countenanced. Out of 84 credits of the I year and 1 st semester of II year, the candidate has to acquire 56 credits but not otherwise. In view of the same, it is rather difficult to accept the submission made by the counsel for the petitioners. By mere obtaining interim order in January, 2003, petitioners cannot complain that they are entitled to promotion to III year, whereas all the students have not attended a single class of the 1 st semester of III year. In some cases, while passing interim order it is also made clear that in the event no relief is granted in the main writ petition, petitioner cannot claim any equities. In view of the same, the submission made by the counsel that the petitioners paid the fee and attended the classes under the guise of interim order, therefor? they may be allowed to continue the course is devoid of substance. It is made clear that if the petitioners paid any fee pursuant to interim order, it is needless to add that the said fee can be adjusted on their promotion to III year by fulfilling the academic requirement of 56 credits. No other submissions are made. ( 10 ) THE writ petitions are accordingly dismissed. No costs.