BHUVAN KAPOOR Vs. NATIONAL INSTITUTE OF TECHNOLOGY, DURGAPUR

JUDGEMENT

(1.) The petitioner in this Writ Petition is a student of National Institute of Technology, Durgapur (hereinafter referred to as the "said Institute"). The petitioner's case in short is that after passing 4th semester B.Tech examination in the computer science and engineering stream he had taken admission in the 5th semester in or about mid July, 2013. In the 5th Semester, the petitioner had five theory subjects, namely, Database Management System, Compiler Design, Operating System, System Programming and Communication Engineering. That apart, he had to attend 3 practical subjects. While prosecuting his studies in the 5th semester, the petitioner tripped and fell down in the hostel of the said Institute on 6th August, 2013 and, consequently, suffered major injuries on his right hand. It is stated that maintenance work was going on inside the hostel and there were shards of glass scattered in and around the hostel premises. Consequent to such injuries suffered by the petitioner on 6th August, 2013 at 7.30 a.m., he was rushed to the medical unit-cum-hospital inside the Institute when he was advised for 3 days' medical rest and issued certificate in that regard in favour of the petitioner. Such certificate appears at page 40 being Annexure P-4. It is submitted that on 6th August, 2013 in the evening he had to be taken to Kolkata for medical treatment considering the seriousness of the injury sustained by the petitioner. On the following day that is, 7th August, 2013, the petitioner was admitted to Calcutta Medical Research Institute in the plastic surgery department under a reputed doctor and he was diagnosed with glass cut injury in the right hand index, middle and ring finger. He was discharged from the hospital on 10th August, 2013 after an operation on 7th August, 2013. It is the case of the petitioner that at the time of discharge he was directed to meet the doctor after 5 days. The petitioner paid a visit and, thereafter, he was advised rest for 6 weeks initially and subsequently, thereafter, for a further period of 2 weeks. The writ petitioner has annexed documents in support thereof in the writ petition. The petitioner has stated that on 6th August, 2013, on his return from the said Institute, the petitioner had visited doctors who advised him that the case being a serious one it required an urgent operation which prompted the petitioner to get himself admitted in the Calcutta Medical Research Institute.

(2.) The petitioner was able to return to the said Institute only on 1st October, 2013. Classes remained suspended owing to Puja Vacation and such classes resumed from 20th October, 2013. The petitioner was unable to attend classes owing to the aforesaid accident from 7th August, 2013 till 30th September, 2013.

(3.) It is the case of the petitioner that he wrote to the Head of the Department of the said stream requesting her to permit him to attend classes and the same was forwarded to the appropriate authorities on 30th October, 2013. A copy of the said request letter has been annexed as Annexure P-6 (page 58). In the said letter, the petitioner stated that he could not attend the Institution from 7th August to 30th September as he suffered an accident which caused grave injury and laid him to undergo surgery. He requested to allow him to attend the class and to grant his prayer in the said application.