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2018 Supreme(Del) 292
IN THE HIGH COURT OF DELHI AT NEW DELHI
REKHA PALLI, J.
MANIF ALAM - Petitioner
Versus
INDIAN INSTITUTE OF TECHNOLOGY, DELHI & ORS - Respondent
WP(C) No.1158 of 2018 & CM No.4843 of 2018
Decided On : 16-02-2018
For the Petitioner: Mr.Rashid N.Azam with Mr.Manzar Anis, Advs.
For the Respondent: Mr.Arjun Mitra with Ms.Jaskaran Kaur, Advs. and Mr.Atul Vyas, Jt.Registrar, Mr.Rajesh Gogna, CGSC.
Educational institutions have a duty to provide necessary support for the academic and social development of disabled students as mandated by disability rights acts. Expulsion without providing opportunities for improvement and without following natural justice principles is unjust.
Headnote:
Disability Rights - Expulsion from Educational Institute - The Persons with Disabilities Act, 2016, Section 16; The Rights of Persons with Disabilities Act, 2016, Section 72
Fact of the Case:
The petitioner, a physically-disabled student, was expelled from an educational institute after failing to meet the academic criteria. The petitioner sought reinstatement, citing lack of facilities for disabled students and violation of natural justice.
Finding of the Court:
The court found that the institute's expulsion of the petitioner without providing support for academic and social development, as mandated by disability rights acts, was unjust. The court also held that the automatic expulsion without a show cause notice violated principles of natural justice.
Issues: The core issue was whether a physically disabled student, admitted under reservation, could be expelled for failing to meet academic criteria without being provided necessary support. The court also addressed the violation of natural justice in the expulsion process.
Ratio Decidendi: The court emphasized the duty of educational institutions to provide necessary support for disabled students as per disability rights acts. It held that the expulsion without providing opportunities for improvement and without following natural justice principles was unjust.
Final Decision: The court set aside the expulsion order, directed the institute to re-admit the petitioner, and instructed to provide extra coaching if needed. The writ petition was allowed with no order as to costs.
REKHA PALLI, J.
1. The Petitioner, a physically-disabled student enrolled in M.Sc. Mathematics in Respondent No. 1- Indian Institute of Technology, Delhi in academic year 2017-18, being aggrieved by order dated 09.01.2018 issued by Respondent No. 1-Institute whereby his name has been struck-off from the student rolls of Respondent No. 1-Institute immediately after the end of first semester of academic session 2017-18, has approached this court vide the present Writ Petition under Article 226 of the constitution, seeking of order dated 09.01.2018 and a direction to the Respondent No.1 University to reinstate him as a regular student and allow him to continue his second semester in the said course.
2. The facts relevant for the adjudication of the present petition are that the Petitioner, who suffers from 50% locomotor disability, had secured admission in M.Sc. Mathematics in the Respondent-Institute under the reserved category of PWD (Persons with Disabilities) for the academic year 2017-18 through a common entrance test i.e. Joint Admission Test for M.Sc. Mathematics conducted by the Respondent-Institute. In the Joint Admission Test, the Petitioner secured 23.43 out of the allotted total of 100 marks clearing the minimum cut-off of 9.76 declared by the Respondent-Institute for the Differently Abled Category and also secured an All India Rank of 1647. Upon enrolment in M.Sc. Mathematics, the petitioner started attending the classes of the first semester from 24.07.2017 and appeared in the examinations of the first semester that were held from 18.11.2017 to 23.11.2017, the result whereof was declared on 09.01.2018 wherein not only was the Petitioner declared as 'failed' as he secured an SGPA of only 2.75 against the requirement of 4.00 SGPA but his name was also struck-off from the Institute Rolls with effect from the end of the 1st Semester of the Academic year 2017-18 on account of his poor performance in the course. As per the result, the grades obtained by the petitioner are:-
Course No.
Course Title
Credits
Grade
1. MTL501
Algebra
4.0
F
2. MTL502
Liner Algebra
4.0
E
3. MTL503
Real Analysis
4.0
W
4. MTL504
Ordinary Differential Equation
4.0
C-
5. MTL505
Computer Programming
4.0
D
3. The Petitioner claims that while he had been permitted to re-appear in the paper of 'Linear Algebra' in which he had secured an 'E' Grade he was not permitted to re-appear in the paper of 'Algebra' as he had secured a 'F' grade in the subject. Vide the impugned order dated 09.01.2018, his name has been suddenly struck off from the rolls of the Institute without even giving him an opportunity to show cause as to why he had not able to secure the requisite minimum score of 4.00 SGPA. Immediately upon learning about the striking off his name, the petitioner submitted a representation dated 09.01.2018 to the Dean (Academic) of the Respondent-Institute, requesting for restoration of his enrolment wherein he pointed out that while undergoing the course in the Institute, he had faced difficulty in following the lectures which were only in the English language. He stated that he had received most of his education in Hindi medium institutions and besides suffering from 50% locomotor disability, he also came from a very humble background having lost his father at a very young age. In his representation, the petitioner had further explained that despite the mandate of The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, the Respondent-Institute did not provide any facility like the Equal Opportunity Cell which would have allowed him to seek redressal for his issues or complaints. Having received no reply to his representation from the Respondent-Institute, the petitioner has preferred the present petition.
4. Arguing for the P
