VIVEK BHATNAGAR Vs. STATE OF U P

JUDGEMENT

(1.) THE case of the petitioner is that in the year 2004-05, the respondent-University, which is governed by the U. P. State Universities Act, invited applications for grant of admission to "Integrated B. Tech. and M. Tech. (Biotechnology)" course of five and a half years duration. This course was besides several other courses for which admission was to be granted. THE other courses were four years duration. It is the specific case of the petitioner that there was no such course of B.Tech. (Biotechnology) or M.Tech. (Biotechnology). THE course for which the admission had been granted to the petitioner was course code GC-7, which was of "Integrated B.Tech. and M.Tech. (Biotechnology)" course. Now, what has ensued is that after four years (i.e., after 8th Semester) the respondent-University is not continuing the course and after granting them B.Tech. (Biotechnology) degree, the petitioner and other such students have been told that further three semesters would not be continued. THE petitioner has thus approached this Court with the prayer for a direction in the nature of mandamus commanding the respondent-University to allow the petitioner to complete the 9th, 10th and 11th Semesters of the "Integrated B.Tech. and M.Tech. (Biotechnology)" course for which they had been granted admission.

(2.) I have heard learned counsel for the petitioner as well as learned standing counsel appearing for respondent No. 1 and Sri R. P. Tiwari, learned counsel appearing for the contesting respondent Nos. 2 and 3 (University) and have perused the record. Pleadings between the contesting parties have been exchanged and with consent of learned counsel for the parties, this writ petition is being disposed of finally at this stage.

(3.) IN my view, it is not for the University at this stage to give advice to the students to seek admission elsewhere. It is for them to fulfil their obligation by completing the course for which the petitioner had taken admission. The attitude of the University is nothing short of a callous attitude towards the students and behaving like businessmen and not as an educational institution, which has an onerous duty to impart education. It is something like a student taking admission after Class XII in a Law College (for five years course), which gives an integrated B.A. and LL.B. degree and after three years, the College closes down the LL.B. course and after giving them B.A. degree asks the students to leave and tells them to join the law course in some other college. The same would be unethical and impermissible. Once a college or University invites applications for admission to a course, they have an obligation to complete such course, or else they would be liable to compensate the students, if they are left in the lurch half way through.