SHWETABH SHIVAM Vs. CENTRAL UNIVERSITY

JUDGEMENT

(1.) The present writ petition has been preferred for quashing the Notification No. CUJ/126 dated 26.05.2017 to the extent that no exit option shall be allowed to the students admitted in the year 2014 and subsequent years as per the Gazette of India notification dated 05.07.2014 (Part III Sec. 4). Further prayer has been made for issuance of writ of mandamus commanding upon the respondents to allow the petitioners to avail the exit option, as has already been allowed to the students of previous batches.

(2.) The factual background of the case, as stated in the writ petition, is that the petitioners are the students of Integrated M. Tech Degree Programme in the Central University of Jharkhand (in short CUJ) of 2014 batch. The petitioner Nos. 1 to 15 are the students of Integrated M. Tech (Nanotechnology) Course, whereas the petitioner No. 16 is the student of Integrated M. Tech (Energy Engineering) Course. Although all the petitioners had taken admission in their respective courses by 30.07.2014 and their courses had commenced in the month of Aug., 2014, the prospectuses were given to them in the month of Dec., 2014 which did not provide anything regarding exit option. In the meantime, the CUJ had come out with a notification having Reference No. CUJ/2082 dated 04.09.2014 wherein it was stipulated that the exit option in the Engineering Courses after 8th semester had already been approved and the students availing such exit options would be awarded B. Tech Degree in the subject concerned provided they had the requisite credits. However, in the year 2017, the respondent-CUJ vide Notification No. CUJ/126 dated 26.05.2017, informed that the exit option shall not be allowed to the students admitted in the year 2014 and subsequent years as per the Gazette notification dated 05.07.2014 (Part III Sec. 4). Thereafter, the petitioners met the Dean and the Registrar of the respondent-CUJ and submitted their representation whereupon the respondents assured that the said notification was not final and thus their representation would be acted upon. In the meantime, the Graduate Aptitude Test in Engineering-2018 was announced in the year 2017. The petitioners participated in the said examination and were declared successful and thus they again represented the Vice Chancellor of CUJ on 19.03.2018 for considering their request for exit option, but no order was taken on the representation of the petitioners, which ultimately gives rise to filing of the present writ petition.

(3.) The learned counsel for the petitioners submits that the Integrated M. Tech Courses offer M. Tech Degree after completion of 5 years i.e. 10 semesters with an exit option after completion of 8 semesters. The reason behind the same is that the regular B. Tech Programme is of 8 semesters and M. Tech programme is of 4 semesters. However, the Integrated M. Tech Course is of 10 semesters i.e. 5 years, which clearly saves one year time of the students in obtaining M. Tech Degree. Moreover, if any student gets an offer from any other premier institute for M. Tech programme, then by way of availing the exit option, he/she would be able to pursue his/her M. Tech programme from other premier institute. At the time of advertisement/counselling/admission/commencement of M. Tech Integrated courses, it was not specified by the respondent-CUJ that there would not be any exit option available to the students of 2014 batch and onwards. Since very inception, the petitioners were under the impression that they would have the exit option to be exercised after their 8th semester. The Gazette Notification dated 05.07.2014 did not prohibit the exit option, rather the same was prepared for nomenclature of the Degree programmes, minimum entry level qualifications and the duration of the such programmes. The issue of not granting exit option was discussed in the Executive Council Meeting of the CUJ held in the year 2016 only. It is further submitted that the prospectus of 2015 batch specifically provides that there would no exit option in Five-Year Integrated M. Tech Courses whereas the prospectus of 2014 batch is silent on the issue of exit option. When the petitioners came to know that a meeting of Academic Council was scheduled to be held on 104.2018, they sent their representation vide e. mail on 12.04.2018, but till date no decision has been taken on this issue due to which the petitioners are deprived of taking admission in premier institutes like IIT and IISC.