PREYANKAR BISWAS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner is seeking a writ of certiorari quashing the decision of Indian Institute of Technology, Kharagpur dated Oct. 15th, 2003 striking his name off the institute rolls on the ground that he had not registered himself for the autumn semester 2003-04 and left the Institute. The writ petition was taken out on July 19th, 2006. He is also seeking a mandamus directing the institute to permit him to register as a student for the autumn semester 2005-06 so that he might complete the B. Tech (Hons.) Course that he took in 1997. The duration of the course leading to the degree was four years, it consisted of eight semesters, each year having two semesters.

(2.) Rules and regulations governing the course empowered the institute to permit academically weaker students to clear the course in twelve, and in special cases with the approval of the senate, in fourteen semesters. On the ground that his performance in the first session (1997-98) was very poor, the institute asked him to discontinue studies. He, however, applied for permission to continue, and considering the recommendation of the department, the authorities permitted him to take re-admission to the third semester, as a special case. The permission was given on several conditions, he gave undertakings accepting the conditions.

(3.) In autumn session 1999-2000 his performance was again very poor, his guardian was duly intimated. With the passage of time he exhausted all the twelve semesters, he cleared only 162 credits out of 213 (the minimum credits required for the degree); he carried with him several backlogs. On July 24th, 2003 he made an appeal for granting him further extension for clearing the balance credits so that he might qualify for the degree. As a special case permission was granted to him to register for the autumn semester 2003-04. On the ground that he did not register and left the institute, the competent authority issued the impugned order dated Oct. 15th, 2003 striking his name off the rolls of the institute.