ARINDAM ROY Vs. NERIST ITANAGAR

JUDGEMENT

(1.) In this petition, the petitioner challenged the impugned letter bearing No. letter No. Adad/AR/2/99 dated 22-12-99 issued by the Deputy Registrar (Academic), North Eastern Regional Institute of Science and Technology (for short, 'the NERIST') by which the petitioner's registration for August-December, 1999 semester was terminated and also for issuing a writ of certiorary for quashing the impugned order dated 18-6-01 refusing withdrawal from the examination of January-May, 1999 semester. PETITIONER'S CASE

(2.) That the petitioner is a student of Degree Module, B.Tech. course in the NERIST at Itanagar, Arunachal Pradesh. The aforesaid course consists of 3 independent modules in technology, viz. Base madule, Diploma module and Degree module and each module having two years course of 4 semesters. In 1993, the petitioner got himself admitted to Base module course and he successfully completed the same in 1995. Thereafter, he got himself admitted to Diploma module course and that also was successfully completed by the petitioner and thereafter the petitioner got himself admitted to Degree module course and registered for August-December, 1998 semester.

(3.) The final examination for that semester commenced from 8-12-98. But, since the petitioner suddenly fell ill very seriously, he initially approached the Doctor of the NERIST itself who suggested complete rest of the petitioner. Thereafter, the petitioner approached the authority for withdrawal from the examination for the August-December, 1998 semester on medical ground. The authority did not allow the same and as a result, the petitioner had to appear and complete the examination with serious illness. As such, he could not complete the examination with satisfaction. On 13-1-99, the Doctor of NERIST advised him to consult a Phychiatrist. Having learned the information as to the illness of the petitioner, his father made applications to the Dean of the NERIST on 19-1-99 and 25-1-99 seeking for withdrawal of his son for August-December, 1998 and also for January-May, 1999 semester (i.e. first and second semesters of the Degree module). The petitioner got himself registered for July-December, 1999 semester i.e. first semester and the authority allowed the registration. After admission in the aforesaid semester, the petitioner have been attending the classes regularly and appeared in the midst semester examination and also the final examination for the first semester of the Degree module commencing from 3-12-99 except one paper. The petitioner completed the said one paper in Advanced Mechanics of Solids and appeared for its theoritical part on 7-1-2000, but he was not allowed to appear for the Quiz test. In the second week of January, 2000, the petitioner received a letter bearing No. Acad/AR/2/99 dated 22-12-99 issued by the NERIST authority which the petitioner received at Agartala from which it reveals that the authority considered the petitioner's prayer for withdrawal from January-May, 1999 semester and permitted his registration for January-May, 2000 semester (i.e. 2nd semester), but did not consider his case of his withdrawal from August, December 1998 semester i.e. first semester for the Degree module course. The petitioner was allowed to withdraw from the second semester while he was refused to withdraw the same for the first semester. Rather, the authority terminated the registration of the petitioner for August, December, 1999 (first semester), though the petitioner regularly attended the classes and appeared in the midst semester course and completed all the papers except the Quiz test. The authority having invoked jurisdiction under Clause 10 of the NERIST Academic Regulations issued the aforesaid termination letter terminating the petitioner's admission in August, December 1999 session. Though, according to the petitioner, the aforesaid clause was/is not applicable in the present case. The petitioner's second semester examination was permitted to be withdrawn while the first one was refused. As a result, the petitioner cannot appear for the examination in the first semester and virtually the petitioner's future career has been jeopardised. Hence, this petition.