SHAHABUDDIN Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The petitioner, who was a student of M.Phil(Arabic) at the Centre of Arabic and African Studies School of Language, Literature and Cultural Studies, Jawahar Lal Nehru University, is aggrieved by the decision taken by the respondents under clause (7) of Academic Ordinance No.13 declining to extend the period for submission of his dissertation, which was to be submitted by the end of 27th July, 1999. According to the petitioner, he had fallen sick in the month of June and July, 1999 and as such could not get his dissertation work typed out and compiled within time frame. One of the reasons was that Arabic computers were available only at few places. The petitioner applied for grant of extension for submission of his M.Phil on medical grounds, but it was refused primarily for the reason that he had submitted medical certificate from a private doctor. His request for reconsidering the decision was also declined inspite of the fact that later he had submitted medical certificates/documents from respondent's Health Centre also. On 5.10.1999 the petitioner submitted his draft dissertation to respondent No.4 after making required corrections and complete in all forms with three chapters, as approved by the expert committee, but in the meeting of CASR held on 8.10.1999, when respondent No.4 was absent, the CASR got misled and rejected the petitioner's request under a misapprehension that the petitioner's dissertation had not been completed. On 16.11.1999 respondent No.4 made one more recommendation to respondent No.2 pointing out that the dissertation had been finally submitted to him on 16.11.1999 and as supervisor he was satisfied with the work. It was also suggested that the petitioner may be allowed to submit and the office may be asked to accept petitioner's dissertation. However, the recommendation was declined on account of mischief and malafides of an Administrative Officer. It was prayed that the writ petition may be allowed and the respondents be directed to award M.Phil degree in Arabic to the petitioner. Directions were also sought to register/admit the petitioner for Ph.D degree in Arabic.

(2.) In the counter-affidavit filed on behalf of the respondents, it was pleaded that the petitioner had failed to complete his M.Phil, course within the time frame prescribed by clause (7) of the Academic Ordinance No.13. In para-4 of the affidavit it was submitted that the petitioner had applied for extension of one semester to complete his dissertation but his application was supported by a medical certificate from a private doctor. His request was not accepted. It was added that the respondent University had Health Centre and any student having any problem is required to go to the Chief Medical Officer of the University and get himself medically examined. If the C.M.O. finds it necessary, he prescribes not only the medicines, but medical rest also. It was denied that the Administrative Officer of the respondents was biased against the petitioner. It was also stated that the petitioner was offered admission to Ph.D., without completion of his M.Phil, but he declined. It was added that as per petitioner's own showing, his dissertation was finalised on 16.11.1999 and as such, rejection of the request on 8.10.1999 on the ground that his dissertation was not ready, was fully justified.

(3.) I have heard learned counsel for the parties and gone through the averments made by the petitioner and the response filed by the respondents thereto.