GUNJAN SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petition are filed by the students of 3rd year integrated PhD course of the Indian Institute of Science, Education and Research, Thiruvananthapuram aggrieved by their removal from the rolls of the institute. The orders of the Deputy Registrar, Academics communicating the decision of the senate as well as Ext.P14 and P15 communications intimating the decision of the Board of Directors to remove the petitioners from the rolls are under challenge in W.P.C No.39868/18, while Ext.P5 communication of the Deputy Registrar, Academics dated 18.09.2018 is under challenge in W.P.(C) No.41404/18.

(2.) It is contended by the learned counsel for the petitioners that the petitioners are extremely brilliant students and that the decision taken to remove them from the rolls and refusing to permit them to complete the MS Degree is totally vitiated. It is stated that the provisions of the Guide Book of Regulations for the Integrated Ph.D. Programme which prescribes an automatic removal from the rolls on failing to clear the comprehensive examination is ultra vires and illegal. It is stated that there are no statutes or ordinances framed with respect to the institute in question and that the teachers are given unlimited powers to deal with the students as they see fit. It is stated that the petitioners have passed the semester examinations. However, there is an interview by the institute which is known as the comprehensive examination and this interview is to be cleared for promotion to the PhD course after two years of study. It is stated that there is no written exam and the faculty is empowered to subjectively decide whether a student is fit to be promoted to the PhD course. It is stated that the petitioners were interviewed on 2.7.2018, but were declared as failed. Thereafter, two further attempts were given but the petitioners were declared as having failed in the comprehensive examination and they are removed from the rolls. In the case of petitioners in W.P.(C) No.39868/18 Exts.P9 and P10 communications were initially issued and the petitioners were informed that the senate held on 31.08.2018 had decided to consider their request for award of MS Degree subject to certain conditions. However, this benefit was also later withdrawn by Exts.P14 and P15 communications.

(3.) The learned counsel for the petitioner would contend that the Registrar has absolutely no power of expulsion and no authority for expulsion is prescribed either in the Act or the Guide Book issued by the respondents. It is stated that pursuant to Ext.P10 and P11, the petitioners in W.P.(C) No.39868/18 had been readmitted and entire fees for the course had been paid by them. It is stated that even the fees collected from the petitioners have not been refunded to them. The learned counsel for the petitioners would further contend that without framing the statutes and ordinances as provided in the Act, the respondents have no manner of power to contend that the petitioners are liable to be removed from the rolls for not passing the comprehensive test. It is stated that the guide book is not statutory in nature and that the provision therein cannot be relied upon to deny the benefit of completion of course to the petitioners.