Research › Search › Judgment

J&K High Court · body

2016 DIGILAW 238 (JK)

Hari Om (Prof. ) v. Union of India

2016-04-29

DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR

body2016
JUDGMENT : N. Paul Vasanthakumar, J. This Public Interest Litigation is filed on the basis of an unfortunate episode which took place in NIT Srinagar, seeking direction to ensure fool proof safety of the students at NIT Srinagar sans Jammu and Kashmir Police along with seven other prayers. 2. After going through the prayers made, on 25.04.2016 the learned Advocate General, who was present in the Court, was requested to get instructions with regard to the following prayers. (a) To ensure fool proof security of the students at NIT Srinagar. (b) To ensure free and fairness movement of the students at NIT Srinagar and for conducting examination of out stationed students of NIT Srinagar who could not appear for the examination and as to whether the examination of such candidates was rescheduled. 3. In so far as other prayers made in the writ petition are concerned, anyone is free to approach the authorities concerned by making a request. 4. The learned Advocate General has produced a status report today given by the Registrar NIT Srinagar wherein it is stated that NIT Srinagar was formally known as REC Srinagar and was established in the year 1960 and upgraded as National Institute of Technology along with other RECs of the country in August 2003 and admissions are made on the basis of all India Entrance Test JEE Main. As per the policy, 50% students are admitted from the State of Jammu and Kashmir and remaining 50% are from other States of the Country. The admissions to M.Tech are made on National qualifying examination GATE without any reservation for the home State. The admission to Ph.D programme is made through a National advertisement on the basis of GATE score/NET and a test cum interview conducted by the Institute without any reservation for the home State. In all the programmes, the reservation for SC/ST/OBC/PWD as per Government of India rules is applied. The present enrolment in the Institute is 2671 comprising of 2260 B.Tech., 258 M.Tech., and 153 Ph.D Scholars of which 298 are girls. The number of students residing in the hostels is 1993 boys and 199 girls. The home State students are as follows: B.Tech 1099 M.Tech .124 Ph.D 138 The students from other States are as follows: B.Tech 1152 M.Tech 134 Ph.D 15 5. The number of students residing in the hostels is 1993 boys and 199 girls. The home State students are as follows: B.Tech 1099 M.Tech .124 Ph.D 138 The students from other States are as follows: B.Tech 1152 M.Tech 134 Ph.D 15 5. It is stated in the status report that the Institute reopened on 25th February, 2016 and atmosphere was very peaceful till April 2016. Even after 01.04.2016, two days National Research Scholars Conclave was conducted on April 2 and 3, 2016 in which several Academicians from other parts of the country participated. The normal classes continued from 04.04.2016, however, a good number of non local students from 2nd, 4th and 6th semester did not attend the classes. As per the approved academic calendar, the Minor-1 examination was conducted as per Scheduled from 11.04.2016 to 16.04.2016 in which most of the non local students failed to appear as about 1200 non local students left their home States. Even during the said period, the atmosphere in the Institute remained calm due to which both local and non local students stayed in the hostels and were taking food together in the common mess. Since around 1200 non local students failed to appear in the Minor-1 examination, their examination has been rescheduled from 05.05.2016 to 08.05.2016. Around 441 non local students including 90 girl students returned from their home States and are attending their normal class work from 25.04.2016. There is no discrimination between local and non local students as the students participated in various inter NIT sports events at Trichy, Jaipur and Calicut from December 15 to April 16. Two non local students were sponsored by the Institute with air fare to participate in the innovation festival at Rashtrapati Bhavan in January 2015. It is also stated that all the students have been treated as children by the Faculty and shall continue to be so in future also. 6. From the above status report, it is evident that the normalcy is restored as 441 non local students including 90 girl students are attending the normal class work from 25.04.2016. Thus, we are of the view that the other students who have left for their home States can very well go to NIT Srinagar and attend their classes. 6. From the above status report, it is evident that the normalcy is restored as 441 non local students including 90 girl students are attending the normal class work from 25.04.2016. Thus, we are of the view that the other students who have left for their home States can very well go to NIT Srinagar and attend their classes. The grievance of the non local students to conduct Minor-1 examination in which they could not appear from 11.04.2016 to 16.04.2016 is also rescheduled for 5th to 8th May, 2016. 7. Considering the said status report filed, we are of the view that no direction as prayed for in the writ petition is required to be issued except observing that the authorities running the administration are expected to ensure the safety of all the students irrespective of the State they belong, namely, locals and non-locals, which is the paramount duty cast upon them. The writ petition is disposed of. No costs.