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Jharkhand High Court · body

2022 DIGILAW 871 (JHR)

Kumar Abhinav v. State of Jharkhand

2022-07-18

RAJESH SHANKAR

body2022
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondent nos. 4 and 5 to declare the result of the petitioner’s 7th Semester (B Tech-Civil) Examination, Batch 2013-17 having Roll No. 13CE0053, Registration No. CE0055/13, Branch-Civil Engineering. Further prayer has been made for issuance of direction upon the said respondents to permit the petitioner to appear in 8th Semester (B. Tech-Civil) Examination, Batch 2013-17 by allowing him to fill-up examination form for the said examination. 2. Learned counsel for the petitioner submits that the petitioner, after passing his Intermediate Examination, took admission in Ram Tahal Choudhary Institute of Technology, Anandi, Ormanjhi in B-Tech (Civil Engineering stream), Batch 2013-17, approved by AICTE and affiliated to Ranchi University, Ranchi. The petitioner was declared passed in the 1st Semester examination held in the month of March, 2014 and also passed the 2nd Semester Examination (Summer Special) along with 4th Semester Examination (Summer Special) of the said course held in the month of October, 2020. Before that, the petitioner had cleared 3rd Semester (Special) Examination held in the month of November, 2019. Subsequently, the petitioner also cleared 5th Semester (Summer Special) Examination held in the month of December, 2020. The petitioner cleared 6th Semester Examination held in the month of June, 2020. After clearing the papers of 6th Semester Examination, the petitioner appeared in 7th Semester Examination held in the month of June, 2021, however, his result was not declared by the Ranchi University. In the meantime, the petitioner made representation dated 16.08.2021 before the respondent no. 4-the Vice-Chancellor, Ranchi University, Ranchi through the Principal of the said college, requesting to relax the period of 7 years to complete the B. Tech course and to declare his result of 7th Semester Examination as well as to permit him to fill-up the form for 8th Semester Examination, which was going to be held on 21.08.2021. However, the said request of the petitioner was not entertained and his result of 7th Semester Examination was not declared resulting in a situation that the petitioner has not been able to clear his B. Tech (Civil) course till date. 3. Learned counsel for the petitioner refers to Clause 13.3 of “Curricula for B. Tech. Course of Ranchi University” and submits that while considering the case of the petitioner as a special one, the respondent no. 3. Learned counsel for the petitioner refers to Clause 13.3 of “Curricula for B. Tech. Course of Ranchi University” and submits that while considering the case of the petitioner as a special one, the respondent no. 4, on recommendation of the Committee specially constituted for this purpose, could have extended the period for completion of B. Tech. course. Further, as per Clause 16 of the said Curricula, the respondent no. 4 on the advice of the Academic Council Committee could have relaxed the period for completing the B. Tech. course beyond 7 years treating the said case as an exceptional one. 4. Mr. A.K. Mehta, learned counsel for the respondent nos. 4 and 5, while referring to the counter affidavit filed on their behalf, submits that Ranchi University constituted the Board of Studies vide Notification No. RU/R/6524 dated 29.05.2004 to formulate the curriculum of B. Tech. Engineering. The said Board considered the AICTE Model Syllabi and recommended the approval of AICTE Engineering Curriculum with its structure in totality as would be evident from Clause 1.1 of the Regulations of Bachelor of Technology (B. Tech.) Degree. As per the provisions of the Regulations, the said course should be completed in eight Semesters. Clause 12.10 of the regulation with respect to Curricula for the B. Tech. course of the Ranchi University specially provides that a student in any Degree Programme must complete the prescribed course work of the first four semesters within a maximum period of 3 years and those of the last four in 3 years. In special cases, the Vice-Chancellor, on the recommendation of the Committee specially constituted for this purpose, may further extend the total time limit for completion of all the requirements up to 7 years for the B. Tech. Degree. Even as per Clause 13.3 of the said regulations, academically weaker students may be granted time up to 12 Semesters (6 years) for completing four years B. Tech. course. However, in special cases, the Vice Chancellor, on the recommendation of a Committee specially constituted for this purpose may further extend this limit to 14 Semester (7 years). The petitioner has also cited certain examples in the writ petition that some students have been declared to have passed B. Tech. course by Ranchi University by extending the period up to 8-9 years. The petitioner has also cited certain examples in the writ petition that some students have been declared to have passed B. Tech. course by Ranchi University by extending the period up to 8-9 years. The said examples cannot be applied in the case of the petitioner as the students whose cases have been referred by the petitioner in the writ petition were allowed to appear in the examination only with respect to carry over papers, who could not score minimum qualifying marks in such papers of regular examination and not with respect to the entire end semester. 5. Mr. A.K. Mehta further submits that the petitioner’s case for relaxation of period to complete the B. Tech. course was placed before the Examination Board, which is the apex body of the Ranchi University relating to the examination matters, held in the month of August, 2021 in terms with the Clause 16 of the regulations relating to said Curricula. The Examination Board in its meeting held on 24.08.2021 considered the case of the petitioner as Item No. 13 to relax the maximum period of 7 years to complete the B. Tech. course and to declare his result of 7th Semester as well as to allow him to appear in the 8th Semester (B. Tech. Civil) Examination by filling up forms of the said examination. After deliberation, it was resolved that the case of the petitioner cannot be allowed as the maximum duration of 7 years for completion of the said course has already lapsed. It is thus submitted by Mr. Mehta that the case of the petitioner has already been considered by the Examination Board of Ranchi University and after due deliberation, the petitioner’s request for extending the maximum period of 7 years to complete B. Tech. course has been rejected. 6. Heard learned counsel for the parties and perused the materials available on record. Admittedly, the petitioner has taken admission in B. Tech.-Civil course for the Batch 2013-17. He has not been able to clear his papers in 7 years and has requested for relaxation of the said period to complete the course i.e. to declare his 7th Semester Examination result and to permit him to appear in 8th Semester Examination. 7. Clause 12.10, 13.3 and 16 of the regulation framed with respect to Curricula for B. Tech. course of Ranchi University read as under: 12.10. 7. Clause 12.10, 13.3 and 16 of the regulation framed with respect to Curricula for B. Tech. course of Ranchi University read as under: 12.10. A student, in any Degree Programme must complete the prescribed Course work of the First Four Semesters within a maximum period of 3 years and those of the last four in 3 years. In special cases the Vice Chancellor may, on the recommendation of the Committee specially constituted for this purpose, further extend the total time limit for completion of all the requirements up to 7 years for the B. Tech. Degree. 13.3. Normally a student should complete all the requirements consecutively in Eight Semesters for B. Tech. Degree. Academically weaker students may be granted time up to 12 Semesters for B. Tech. 4 year courses to complete all the requirements for the Degree. However, in special cases the Vice Chancellor on the recommendation of a Committee specially constituted for this purpose may further extend this limit for completion of all requirements for the Degree to 14 Semesters. 16. Notwithstanding the above Regulations, the Vice Chancellor on the advice of the Academic Council Committee may under exceptional circumstances, consider any case of a student having a minor deficiency in respect of any of the requirements stated in these Regulations & relax the relevant provision of these Regulations based on the merit of the case. The grounds on which such relaxation is granted shall invariably be recorded & cannot be cited as precedence. 8. On perusal of the aforesaid clauses, it would appear that the maximum period to complete B. Tech. Degree course is 14 Semester (7 years). Clause 1.1 of the said regulation clearly mentions that the same has been formulated having considered AICTE Model Syllabi recommending approval of AICTE Engineering Curriculum with its structure in totality with certain modification. 9. It is not the case of the petitioner that AICTE Model Syllabi or any other relevant regulation prescribes a period beyond 7 years to complete 4 years B. Tech. Degree course. On perusal of minutes of the meeting of the Examination Board held on 24.08.2021, it appears that the case of the petitioner has been considered as Item No. 13 and has been rejected. Though it is not strictly in terms with Clause 16 of the regulation of B. Tech. Degree course. On perusal of minutes of the meeting of the Examination Board held on 24.08.2021, it appears that the case of the petitioner has been considered as Item No. 13 and has been rejected. Though it is not strictly in terms with Clause 16 of the regulation of B. Tech. Degree by Ranchi University, which provides that the Vice-Chancellor on advice of the Academic Council Committee, under exceptional circumstance, may consider any case of the student having minor deficiency in respect of any of the requirements stated in those regulations, yet Mr. Mehta submits that since the case of the petitioner cannot be said to be of minor deficiency, there was no occasion to refer the matter to the Academic Council Committee as otherwise also, the maximum period of 7 years to complete the B. Tech. Degree course could not have been extended in any situation whatsoever, since the same would go contrary to the Model Syllabi of AICTE. 10. Under the aforesaid facts and circumstance, I find substance in the said argument of Mr. Mehta as there is no provision for relaxation of period beyond 7 years to complete 4 years B. Tech. Degree course and as such, it would have made no difference even if the respondent no. 4 had referred the matter to the Academic Council Committee and thereafter had taken final decision on the basis of the recommendation of the said Committee. Since the apex body in relation to the examination matter in Ranchi University i.e. the Examination Board has already deliberated upon the petitioner’s case and has found that the maximum period of 7 years to complete the said course cannot be extended, I see no reason to interfere with the said decision. 11. The present writ petition, being devoid of merit, is accordingly dismissed. 12. I.A. No. 4658 of 2022 and I.A. No. 6267 of 2022 also stand dismissed accordingly.