P. Soumya v. University Grants Commission, New Delhi through its Executive Authority
2023-07-10
RAJESH SHANKAR
body2023
DigiLaw.ai
JUDGMENT : The present writ petition has been filed for issuance of direction upon the Birla Institute of Technology (BIT), Mesra, Ranchi (the respondent no.2) to grant 'Degree of Bachelor of Science in Mathematics and Computing' to the petitioner in terms with Section 22 of the University Grants Commission Act, 1956 as she has successfully completed 6th Semester Examination of 'Integrated M.Sc. in Mathematics and Computing Programme' and has secured requisite credits for grant of degree of B.Sc. in Mathematics and Computing. 2. The factual background of the case as emerges from the writ petition is that the respondent no.2 issued an admission notification dated 2nd May, 2016 inviting applications from eligible Class-XII pass-out students aspiring to get admission in 5-Year (10-semester) Integrated M.Sc. Programmes, 2016 in the BIT, Mesra commencing from Academic Session 2016-17. Pursuant to the said notification, the petitioner took admission in the programme namely 'Integrated M.Sc. in Mathematics and Computing’ and completed her 6th semester in the year 2019. The petitioner even successfully completed 7th and 8th semesters in the month of June, 2020. The petitioner appeared in Common Aptitude Test (CAT)-2019 held in the month of November, 2019 and secured an overall 91.52 percentile. She thereafter received offers from several IIMs across the country to undergo further admission process comprising of Written Admission Test (WAT) and Personal Interview (PI). Since the petitioner was not issued its Bachelor in Science Degree from BIT, Mesra, she contacted the Head of Department of Mathematics & Computing (Respondent No.6) to issue her a certificate to the effect that she had already passed 6th semester so as to enable her to appear in further process of WAT and PI test to be conducted by respective IIMs. Pursuant to the petitioner’s application, the respondent no. 6 issued requisite certificates to the petitioner to enable her to appear in further process of admission in IIMs. She thereafter participated in the admission process of WAT and PI as offered by IIMs and was declared successful. The petitioner received e-mail from IIM, Ranchi offering her to take admission to the "Two- Year Post Graduate Programme in Management" for the Session 2020- 22 and was asked to confirm her acceptance by making payment of acceptance fee of Rs. 1,00,000/-.
The petitioner received e-mail from IIM, Ranchi offering her to take admission to the "Two- Year Post Graduate Programme in Management" for the Session 2020- 22 and was asked to confirm her acceptance by making payment of acceptance fee of Rs. 1,00,000/-. The petitioner deposited acceptance fee in IIM, Ranchi and thereafter she received e-mail from IIM, Ranchi to complete the admission formalities by making registration and submitting/uploading requisite documents/credentials on shared link of website of IIM, Ranchi. The petitioner then contacted the respondent No.6 vide e-mail dated 29.06.2020 and requested to issue graduation certificate to complete registration with IIM, Ranchi. However, the respondent no.6 suggested the petitioner to contact the Dean of Academic Programmes (the respondent no.5). Accordingly, the petitioner contacted the respondent no.5 vide e-mail dated 03.07.2020 requesting to issue her certificate of bachelor degree, however respondent no.5, vide e-mail dated 03.07.2020, directed the petitioner to contact the Examination Section for issuance of the said Certificate/Degree. 3. In the meantime, the petitioner took admission in IIM, Ranchi in anticipation of getting certificate of bachelor degree to be issued to her by the respondent no.2. The online classes of MBA Course commenced from 3 rd August, 2020. Even after commencement of her online classes, the petitioner e-mailed the Controller of Examination, BIT, Mesra, Ranchi (the respondent no.4) requesting to issue certificate of bachelor degree, provisional certificate and mark-sheets of the 7th and 8th semester. The respondent no.4 directed the petitioner to contact the Student Section of the said institute for getting the said certificates/marksheets. 4. The petitioner again e-mailed the respondent no.5 mentioning, inter alia, that she wanted to withdraw from the Integrated Course of M.Sc. Mathematics and Computing and requested the said authority to grant approval for getting the said Degree/Certificates. The petitioner even requested the Vice Chancellor, BIT, Mesra, Ranchi (the respondent no. 2) through e-mail to allow her to vacate the hostel room. Thereafter, she received an e-mail on 15.10.2020 from the Dean (Student Welfare) informing for the first time that ‘exit’ from Integrated M.Sc. Programme could have been permitted to her only after the sixth semester, however petitioner had already completed eight semesters. The petitioner, vide her e-mail dated 15.10.2020, protested such communication received from the said authority of BIT, Mesra, Ranchi stating that she was never informed earlier that exit was possible from the said Integrated Course only after the sixth semester.
Programme could have been permitted to her only after the sixth semester, however petitioner had already completed eight semesters. The petitioner, vide her e-mail dated 15.10.2020, protested such communication received from the said authority of BIT, Mesra, Ranchi stating that she was never informed earlier that exit was possible from the said Integrated Course only after the sixth semester. The petitioner, in her e-mail, also stated that she would like to withdraw from the Integrated Course of M.Sc. in Mathematics and Computing by foregoing her mark-sheets of 7th and 8th semesters. The petitioner further informed that she was in need of B.Sc. Degree as she had already taken admission in IIM, Ranchi. Thereafter on 21.10.2020, the petitioner filed application for withdrawal from the Integrated M.Sc. course with request to issue her certificate of bachelor degree, provisional certificate and transcript whereupon vide notice dated 27.10.2020, she was permitted to withdraw permanently from the said institute with effect from 21.10.2020, however the certificate of bachelor degree was not issued to her. 5. Learned counsel for the petitioner submits that the petitioner filed an application before the Jharkhand Education Tribunal seeking direction upon Respondent-BIT to issue certificate of bachelor degree to her. The said application was registered as Application No. 03/2021, however the officials of BIT, Mesra advised the petitioner that if she withdrew her application before the Tribunal, the Vice Chancellor and Registrar of BIT, Mesra, Ranchi might consider her case sympathetically. Accordingly, the petitioner filed petition for withdrawal of Application No. 03/2021 before the Tribunal, however no further order could be passed as it was non-functional. 6. Learned counsel for the petitioner also submits that BIT, Mesra, Ranchi is not justified in contending that the petitioner is not eligible for ‘exit’ option after the 6th semester end examination as the course completion certificate for appearing in the admission process of IIMs was itself issued to the petitioner after the expiry of 6th semester examination. At the time of issuance of course completion certificate to the petitioner by the respondent no. 6, no objection was raised that she was not eligible to exit from 5-year integrated course despite completion of her 6th semester on the ground that she had not applied for ‘exit’ from the said course before the 6th semester end examination. 7.
At the time of issuance of course completion certificate to the petitioner by the respondent no. 6, no objection was raised that she was not eligible to exit from 5-year integrated course despite completion of her 6th semester on the ground that she had not applied for ‘exit’ from the said course before the 6th semester end examination. 7. It is further submitted that the authority, who signed the course completion certificate, was the Head of Department, Department of Mathematics, BIT, Mesra, Ranchi and was acting as its agent. As such, the said institute is bound by the act of the said authority who allowed the petitioner for appearing in the admission process of 2020-22 Batch of IIM, Indore even though she had not applied to exit the 5-year integrated course of M.Sc. before appearing in 6th semester end examination. The brochure issued by the said institute clearly mentions that a student can exit from the Programme after successful completion of 6th semester. Thus, the brochure provides an option of ‘exit’ after successful completion of 6th semester. Hence further stipulation made in the said brochure that in order to avail the ‘exit’ option, the student has to submit in writing his/her willingness before 6th semester end examination, can at best be treated as directory and not mandatory in nature especially when BIT, Mesra itself recognizes the right of a student to exit after successful completion of 6th semester. Even the rules and regulations framed by the said institute nowhere stipulate that the student cannot exit from the 5-year integrated course merely because he/she has not applied for ‘exit’ before the 6th semester end examination. 8. It is also submitted that merely because some of the students opted for ‘exit’ option prior to end of 6th semester and did not register themselves for 7th semester, would not disentitle the petitioner for grant of Bachelor's Degree as she was never informed by BIT that she was not eligible for exercising ‘exit’ option after the end of 6th semester. The petitioner was informed for the first time on 15.10.2020 that exit from 5-year Integrated M.Sc Programme could have been permitted to her only after the 6th Semester.
The petitioner was informed for the first time on 15.10.2020 that exit from 5-year Integrated M.Sc Programme could have been permitted to her only after the 6th Semester. Moreover, merely because a student namely Ahana Mukhopadhyay was denied the ‘exit’ option as she applied for the same after registering in 7th semester, cannot be a valid ground for not granting bachelor degree certificate to the petitioner as she was already permitted to withdraw permanently from the Integrated M.Sc programme vide Notice No. 553 dated 27.10.2020 issued by the Assistant Registrar, BIT, Mesra, Ranchi. Even for the sake of argument, it is presumed that the petitioner should have applied for ‘exit’ option prior to the 6th semester end examination, she should not be made to suffer on such technical plea raised by the BIT as she has already completed her MBA from IIM, Ranchi and if her bachelor degree certificate is denied at this stage, her entire carrier will be in jeopardy. The contention of the respondent-BIT that the grant of Bachelor's Degree to the petitioner will amount to changing the rules of the game, is not tenable as in the month of January, 2020 when the petitioner was issued the course completion certificate enabling her to appear in the admission process of various IIM's, she had already completed her 6th semester. The respondent- BIT was quite aware that the petitioner was participating in the admission process of IIM's and only in that respect, the aforementioned certificate was issued to the petitioner enabling her to appear in admission process of IIM's. 9. Per contra, learned counsel for the respondent-BIT submits that it was specifically mentioned at page-3 of the Admission Brochure/Notification issued with respect to five years (10-semester) integrated M.Sc. Programme, 2016 that a student was required to submit in writing his/her willingness to avail ‘exit’ option before the 6th semester end examination. The petitioner applied for ‘exit’ option after completion of the 8th semester and thereby blocked the seat in the institution. The petitioner appeared for "Common Admission Test (CAT), 2019" held on 24.11.2019 as well as in her 7th semester examination held in November, 2019 and results of both the said examinations were declared in the month of November/December, 2019.
The petitioner applied for ‘exit’ option after completion of the 8th semester and thereby blocked the seat in the institution. The petitioner appeared for "Common Admission Test (CAT), 2019" held on 24.11.2019 as well as in her 7th semester examination held in November, 2019 and results of both the said examinations were declared in the month of November/December, 2019. Despite clearing exam of CAT, 2019 in the month of November-2019, the petitioner enrolled herself for 8th semester in BIT, Mesra, Ranchi and also appeared in the said examination which was held in May/June, 2020. 10. It is also submitted that the petitioner was discouraged by the Dean (Student Welfare) of BIT, Mesra, Ranchi vide e-mail dated 15.10.2020 not to take permanent withdrawal from the said institute and to properly think before taking such step. The said authority also informed the petitioner that she was not eligible to avail the ‘exit’ option after enrolling herself in 7th and 8th semesters, however she chose to permanent withdraw from the said institute. 11. It is further submitted that forwarding a letter by the Head of Department does not amount to official permission to exit from the programme of the BIT, Mesra, Ranchi. The Head of Department is not authorized to approve any course completion certificate to any student including the petitioner. The petitioner had applied for ‘exit’ only after taking admission in IIM, Ranchi on 01.06.2020 which is against the rule that no student can be allowed to have registration in two different government approved institutions at the same time. The Head of Department through email dated 06.07.2020 had informed the petitioner to contact the concerned authority for obtaining her degree/certificate and she was also informed vide e-mail dated 15.10.2020 sent by the Dean (Student Welfare) of BIT, Mesra, Ranchi that she was not eligible for the ‘exit’ option.’ 12. Learned counsel for the respondent-BIT also submits that as per the academic norms of the institute, 21 students of 2016 Batch including 10 students of Integrated M.Sc. in Mathematics and Computing were issued B.Sc. Degree Certificate as they had applied for ‘exit’ option within the stipulated time and had not registered for 7th semester. A student namely Ahana Mukhopadhyay had applied for exit after registering in 7th semester and thus her application was rejected.
in Mathematics and Computing were issued B.Sc. Degree Certificate as they had applied for ‘exit’ option within the stipulated time and had not registered for 7th semester. A student namely Ahana Mukhopadhyay had applied for exit after registering in 7th semester and thus her application was rejected. In such circumstance, if the petitioner is allowed to ‘exit’, the same will cause injustice to the students who were denied to avail ‘exit’ option after entering the 7th semester. Once the petitioner had taken admission, she was bound to follow the conditions stipulated in the admission notification/brochure of BIT, Mesra, Ranchi. 13. Heard learned counsel for the parties and perused the materials available on record. 14. The petitioner has sought issuance of direction upon the BIT, Mesra, Ranchi to issue certificate of 'Degree of Bachelor of Science in Mathematics and Computing' as she has successfully completed her 6th Semester and there is an ‘exit’ option after 6th semester. The respondent-BIT has denied the claim of the petitioner primarily on the ground that she failed to apply for ‘exit’ option before 6th semester end examination which was mandatory for ‘exit’ as stipulated in the admission notification dated 02.05.2016 and the petitioner is bound by it. 15. Learned counsel for the respondent-BIT has put reliance on a judgment rendered by the Hon’ble Supreme Court in the case of K. Manjusree v. State of A.P. & Another reported in (2008) 3 SCC 512 wherein it has been held that rule of game i.e, the criteria for selection, cannot be changed after the process of selection has commenced. 16. Learned counsel for the respondent-BIT has also put reliance on a judgment rendered by the Punjab and Haryana High Court in the case of Raj Singh Vs. Maharshi Dayanand University & Others reported in 1994 SCC OnLine P&H 153 wherein it has been held that students seeking admission to professional colleges are fairly matured and are supposed to understand the full implications of filling the admission forms. In any case these forms are invariably signed by their parents/guardians and as such they are bound to follow the information supplied in the admission form and cannot be allowed to take a stand which may suit them at a given time. In the said case, the Bench referred the judgment rendered by a Full Bench of the said High Court in the case of Ravdeep Kaur Vs.
In the said case, the Bench referred the judgment rendered by a Full Bench of the said High Court in the case of Ravdeep Kaur Vs. The State of Punjab, [I.L.R. (1985) 1 Punjab wherein it was held that the eligibility for admission to a course had to be seen according to the prospectus issued before the entrance examination and the admission had to be made on the basis of such instructions having the force of law. 17. Learned counsel has also referred the judgment of Punjab and Haryana High court rendered in the case of Rahul Prabhakar vs. Punjab Technical University & Others reported in 1997 SCC OnLine P&H 528 wherein it has been held that the conditions stipulated in the brochure are binding on the applicants as well as the authorities. 18. Further reliance has been placed on a judgement rendered by the Punjab and Haryana High Court in the case of Ankit Sharma Vs. Punjab Technical University and Another reported in 2016 SCC OnLine P&H 6474 wherein learned Single Bench, after referring six Full Bench decisions of the said Court, has held that admission brochure or the prospectus has a force of law which is to be strictly followed. 19. The claim of the petitioner is that while participating in the admission process of the various IIMs, she had requested the respondent no. 6 for issuing requisite certificate and the respondent-BIT did not raise any objection, rather she was issued the course completion certificate, resultantly the petitioner got admission in IIM, Ranchi. The contention of learned counsel for the petitioner is that BIT, Mesra, Ranchi was fully aware of the admission of petitioner in IIM, Ranchi, however it did not raise any objection to the same and for the first time vide e-mail dated 15.10.2020, she was informed that exit from 5-years (10 semesters) Integrated M.Sc Programme could have been permitted only before 6th semester end examination. 20. To appreciate the contention of learned counsel for the parties, it would be appropriate to refer clause (D) of the admission notification dated 02.05.2016 which reads as under:- “(D) Exit option from the programme: The students will be allowed to exit from the programme after successful completion of 6th semester. In order to avail the exit option, the student has to submit in writing his/her willingness to avail this before 6th semester end semester examination.
In order to avail the exit option, the student has to submit in writing his/her willingness to avail this before 6th semester end semester examination. Such students would be given B.Sc. Degree with Major in Chemistry/Mathematics & Computing/Physics/Food Technology.” 21. It has thus been clearly stipulated in the admission notification that ‘exit’ will be allowed from the programme after successful completion of 6th semester subject to filing of the application for exit before 6th semester end examination. Admittedly, the petitioner though completed 6th semester examination, she did not file the application for such ‘exit’ before 6th semester end examination. 22. Learned counsel for the petitioner has put much reliance on the course completion certificate issued to the petitioner by the Department of Mathematics, BIT, Mesra, Ranchi mentioning that she had completed 6th semester obtaining 80% marks. It was also mentioned in the said certificate that the same was being issued to her to appear in the admission process for 2020-22 batch of IIM, Indore. On perusal of the said certificate, it is evident that the respondent-BIT, Mesra, Ranchi was well aware of the fact that the petitioner was going to pursue MBA course, however it did not raise any objection while issuing the course completion certificate to her. That apart, when the petitioner requested the respondent no.6 vide e-mail dated 29.06.2020 for issuance of graduation certificate, the said respondent referred the petitioner to the respondent no.5, who thereafter referred her to the Examination Section of the said institute. Neither the respondent no.6 nor the respondent no.5 raised any objection towards issuance of graduation certificate on the ground that the ‘exit’ option was not availed by the petitioner before appearing in 6th semester end examination. 23. It further appears that the petitioner vide application dated 21.10.2020 had sought withdrawal from the Course with a request to release provisional certificate of bachelor degree and transcript and on the said application, the respondent-BIT permitted the petitioner to permanently withdraw from the Institute, however she was not provided the bachelor degree certificate despite successfully completing 6th semester. I am of the considered view that once the petitioner was permitted to withdraw from the 5-year (10 semesters) integrated course after successful completion of the 6th semester, it was incumbent upon the respondent-BIT to provide bachelor degree certificate to her.
I am of the considered view that once the petitioner was permitted to withdraw from the 5-year (10 semesters) integrated course after successful completion of the 6th semester, it was incumbent upon the respondent-BIT to provide bachelor degree certificate to her. The respondent-BIT was required either to allow or to reject both the requests of the petitioner i.e., the request of providing the certificate of bachelor degree as well as to approve the withdrawal from the 5-years Integrated M.Sc. Programme. However by accepting her part request, she would not be able to either complete her integrated M.Sc Course or to get MBA degree from IIM, Ranchi. The contention of the respondent-BIT is that the petitioner by not choosing option before 6th semester end examination has blocked the seat in the institution, but the said contention is contrary to its own conduct as the petitioner has already been permitted to withdraw from the said integrated course. 24. The respondent-BIT has also contended that a student, who had opted for ‘exit’ after 6th semester examination, was not allowed to ‘exit’. It has however failed to bring on record sufficient document to show that the facts and circumstance of the said case is also similar to the case of the petitioner. Nonetheless, mere ground that a student has not been allowed to avail the option of ‘exit’ after 6th semester examination, cannot be applied in the case of the petitioner so as to reject her claim as she was issued the course completion certificate for appearing in the admission process of IIM, Indore while pursing the provisional admission process of MBA Programme (2020-22) offered by various IIMs. Moreover, she was also finally allowed to withdraw from the Institute. 25. The judgments cited by the learned counsel for the respondent-BIT are not applicable in the facts and circumstance of the present case as the respondent-BIT itself has deviated from the admission notification by issuing the course completion certificate as well as permitting the petitioner to withdraw from the Institute. The conduct of the respondent-BIT itself reflects that it has not treated the condition of filing application for exit before 6th semester end examination as mandatory and as such the petitioner is entitled to the bachelor degree certificate after withdrawal from the said integrated course. 26.
The conduct of the respondent-BIT itself reflects that it has not treated the condition of filing application for exit before 6th semester end examination as mandatory and as such the petitioner is entitled to the bachelor degree certificate after withdrawal from the said integrated course. 26. In view of the aforesaid discussion, the respondent no.2 is directed to grant ‘Degree of Bachelor of Science in Mathematics and Computing’ to the petitioner within two weeks from the date of receipt/production of a copy of this order. 27. The writ petition is, accordingly, allowed.