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High Court Of Delhi
Y.K.BAMMI - Appellant
Versus
JAWAHARLAL NEHRU UNIVERSITY - Respondent
Writ Petition 4108 of 1991
Decided On : 11/30/1992
EDUCATION LAW - Jawaharlal Nehru University Act, 1966 - Statutes and Ordinances - Interpretation - Relaxation of provisions - Estoppel - Discretion of authorities - Declaration of result.
Fact of the Case:
The petitioner, father of Ms. Deep Shikha Bammi, a student of Jawaharlal Nehru University (JNU), filed a writ petition challenging the University's decision to cancel the special semester examination held in March 1991, in which Ms. Bammi had appeared and passed. The petitioner contended that Ms. Bammi was entitled to the declaration of her result and that the University was estopped from denying the validity of the examination due to the representation made by the Chairperson of the Japanese Language School.
Finding of the Court:
The Court held that the Jawaharlal Nehru University is a corporation aggregate, comprised of natural persons, and not a corporate aggregate like universities in England and America. The Court interpreted the provisions of the Jawaharlal Nehru University Act, 1966, and the Statutes and Ordinances of the University, and held that the word "ordinarily" used in Ordinance 6.2, which规定了the duration of a semester, should be construed as "normally", "in the ordinary course", and not as "invariably". The Court further held that Ordinance 12 of the University provides for relaxation of the provisions of the Ordinances in exceptional circumstances, and that the Academic Council has the discretion to grant such relaxation.
Issues: 1. Whether the special semester examination held in March 1991 was valid and Ms. Bammi was entitled to the declaration of her result? 2. Whether the University was estopped from denying the validity of the examination due to the representation made by the Chairperson of the Japanese Language School? 3. Whether the Academic Council had the discretion to grant relaxation of the provisions of the Ordinances in exceptional circumstances?
Ratio Decidendi: 1. The Court held that the special semester examination held in March 1991 was not valid as it was conducted in violation of the provisions of Ordinance 8.8 of the University, which requires that examinations be conducted under the direction of the Dean of the School. 2. The Court held that the University was not estopped from denying the validity of the examination as there was no evidence that Ms. Bammi had acted on the representation of the Chairperson of the Japanese Language School to her detriment. 3. The Court held that the Academic Council had the discretion to grant relaxation of the provisions of the Ordinances in exceptional circumstances, and that the Council should have considered whether relaxation under Clause 12 of Ordinance 14 ought to have been granted in the special circumstances of the case.
Final Decision: The Court directed the University to declare the result of the examinations taken by Ms. Deep Shikha Bammi in both 1991 and 1992 within one week from the date of the order.
( 1 ) THIS writ petition has been filed by Major General Y. M. Bammi. He has asserted in the petition that he is the lather of one Ms. Deep Shikha Baromi, who was a student of the Jawaharlal Nehru University.
( 2 ) THE said Ms. Deep Shikha Bammi has enrolled herself for a 10 semester five-year M. A. course in the Jawaharlal Nehru University for obtaining M. A. degree in Japanese language. It is asserted in the petition that the 10th semester of the said course commenced in January, 1991, and was due to be completed in April/may, 1991.
( 3 ) IT is further asserted that MOMBUSHO Scholarship for M. Phil in Japanese language at OCHANOMIZU University, Tokyo (Japan) was offered by the Government of Japan to the Ministry of Human Resource and Development, Government of India, New Delhi, routed through the Jawaharlal Nehru University (School of Language ). The minimum qualification for the said Scholarship was M. A. , and the students in the final 10th semester were also permitted to apply. Number of such students had applied for the said scholarship.
( 4 ) IT is also asserted that the aforesaid Japanese University required the students to join by 5th April, 1991, which was the last date given by the University, failing which the student was not permitted to join the said University.
( 5 ) THE petitioner contended that in view of the extra-ordinary performance of his daughter "a special semester was organised and petitioner s daughter appealed in the said semester in all papers in the end of March, 1991".
( 6 ) IT was asserted that the semester organised in the regular manner, and Deep Shikha Bammi was invigilated by 5 professors of the respondent University s school of languages, namely, Ms. M. Rawat, Mr. Tomar, Mr. Motwani", Ms. A. Khanna and Ms. Neera.
( 7 ) AS will be noted hereafter the respondent Jawaharlal Nehru University contested the averments made in the above paragraphs regarding the said special semesters and the examination.
( 8 ) IT was asserted by the petitioner that on 20-03-1991, an application was made by the said student Deep Shikha Bammi to the Chairperson of the Japanese Centre of the Jawaharlal Nehru University that she be examined for the 10th semester earlier than as was programmed by the University. This request, according to the petitioner, was accepted by the Chairperson of the Japanese Centre.
( 9 ) ACCORDINGLY the examination was conducted by the afore- said five professors of the Japanese language. It was asserted that after undertaking the said examination by the five professors of the Japanese Centre on 07-04-1991, Deep Shikha Bammi proceeded to Japan to avail of the benefit of the aforesaid scholarship. The petitioner asserts that no information till 01-01-1992 of the said examination was available.
( 10 ) IT is not disputed by the parties before us that the 10th semester of the M. A. course, had it been undergone by Deep Shikha Bammi, would have ended on 30-04-1991.
( 11 ) IT is contended by the petitioner that inasmuch as Deep Shikha Bammi had left Delhi on 02-04-1991 (as is clear from annexure "j" ), she was short of a few days of instructions till 25-03-1991 or 02-04-1991. In any case, it is contended by the counsel for the petitioner before us that Deep Shikha Bammi having left on 02-04-1991, taking into account that she took the examination on 25-03-1991, and 10th semester was to end on 30-04-1991, the number of days on which the petitioner did not take instructions from the school of language, would be about 30 days, and if Saturdays and Sundays, which are not teaching days in the Jawaharlal Nehru University, are excluded, then the number of days when the petitioner did not take instructions, would come to only about 22 days.
( 12 ) THE respondent Jawaharlal Nehru University contends that what was done by the five professors of the School of Language, taking of the examination before the end of semester, was something which could not be done at all, in view of the Jawaharlal N
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