LAWS(DLH)-2018-3-69

NIKHIL SHARMA Vs. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

Decided On March 15, 2018
NIKHIL SHARMA Appellant
V/S
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Respondents

JUDGEMENT

(1.) The Petitioner, a first year student of B.Tech Electrical and Electronics Engineering (EEE) Program at Respondent No.2/ Institute (which is affiliated to Respondent No. 1/University), has approached this court vide the present petition under Articles 226 and 227 of the Constitution of India seeking inter alia quashing of the letter dated 14.11.2017 issued by Respondent No. 1/University, whereby his admission to the B.Tech (EEE) Program at Respondent No. 2/Institute was cancelled. The Petitioner is also praying for a direction to the Respondents to restore his admission in Respondent No. 2/Institute in the B.Tech (EEE) Program for the Academic Session 2017-18. The Petitioner also seeks quashing of Instruction No. 17 in the admission brochure issued by Respondent No. 1/University on the grounds that it is arbitrary, vexatious, unreasonable and unconstitutional.

(2.) The brief facts of the case as are necessary for the adjudication of the present petition are that the Petitioner, a Science Stream student, appeared for his Class 12 Board Examination in March 2015. Pursuant to the Petitioner clearing the aforesaid exams, CBSE issued him a Pass Certificate and a Marksheet dated 25.05.2015, according to which he had secured 66 marks in English (Core), 58 marks in Mathematics, 63 marks in Physics, 71 marks in Chemistry and 66 marks in Physical Education. However, as the Petitioner intended to take the Joint Engineering Examination (JEE) (Main), he was desirous of improving his performance in Mathematics, Chemistry and English (Core). Accordingly, he applied for an Improvement Examination for the three subjects as per Clause 44.1 of the CBSE Examination Bye-Laws, which prescribes that only those candidates who had passed the board examination may re- appear for an improvement of performance in one or more subjects in the succeeding year only. Though the Petitioner was initially confirmed as a 'Private Candidate' for the same vide receipt dated 13.10.2015 issued by CBSE, in January 2016, he learnt about a notice dated 23.09.2015 issued by CBSE, according to which the students who intended to apply for the JEE (Main) in the subsequent year, had to appear for an improvement in all the subjects and not merely in the subjects of their choice.

(3.) In these circumstances, the Petitioner applied for an improvement in all five subjects vide his application dated 14.01.2016, pursuant to which the Petitioner appeared for the said improvement exams as a 'Private Candidate' and was issued a marksheet dated 21.05.2016 by the CBSE, in which the Petitioner secured 89 marks in English (Core), 67 marks in Mathematics, 61 marks in Physics, 71 marks in Chemistry, and 46 marks in Physical Education with FT, i.e. 'Failed in Theory in Physical Education'.