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1996 Supreme(Gau) 6
GAUHATI HIGH COURT
H. K. SEMA. J., J.
Ms.L.V.Zodinpuii -Appellant
Versus
North Eastern Hill University and others -Respondent
Civil Rule No. 65/1994 (AB )
Decided On : 23-01-1996
Mr. C. Lalramzauva, for Petitioner: Mr. S. Sailo
The power of the competent authority to condone the delay in submitting the dissertation work in a fitting case is not prohibited by the University Ordinance.
Headnote:
EDUCATION - POST GRADUATE COURSE - CONDONATION OF DELAY IN SUBMISSION OF DISSERTATION - UNIVERSITY ORDINANCE - INTERPRETATION - POWER OF ACADEMIC COUNCIL TO CONDONE DELAY - JUDICIAL REVIEW.
Fact of the Case:
Petitioner, a student of Post Graduate course in Education at North Eastern Hill University (NEHU), completed three semesters from Shillong Campus and one semester from Mizoram campus, Aizawl. She opted for writing a dissertation in lieu of two other papers and appeared for the exam in the remaining two papers. Due to a road accident, she could not complete her dissertation work within the stipulated time. She submitted the dissertation work after the prescribed period and applied for condonation of delay. The University denied her request.
Finding of the Court:
The Court held that the provision of clause 4 of the University Ordinance, which allows students to participate in the academic program upto a maximum of six semesters, is not mandatory and does not prohibit the power of the competent authority to condone the delay in a fitting case. The Court also held that the provision of clause 15 of the Ordinance, which forbids a candidate from appearing in any course beyond six semesters of his admission, is not applicable in the facts and circumstances of the case.
Issues: 1. Whether the University Ordinance prohibits the condonation of delay in submitting the dissertation work? 2. Whether the provision of clause 15 of the Ordinance, which forbids a candidate from appearing in any course beyond six semesters of his admission, is applicable in the facts and circumstances of the case?
Ratio Decidendi: 1. The Court held that the provision of clause 4 of the University Ordinance, which allows students to participate in the academic program upto a maximum of six semesters, is not mandatory and does not prohibit the power of the competent authority to condone the delay in a fitting case. The starting word "Ordinarily" employed in clause 4 of the ordinance would make it adequately elastic to show that clause 4 of the ordinance is not mandatory. 2. The Court held that the provision of clause 15 of the Ordinance, which forbids a candidate from appearing in any course beyond six semesters of his admission, is not applicable in the facts and circumstances of the case. The present dispute at hand is with regard to the condonation of delay in submitting the dissertation work which cannot be submitted in time due to the petitioner prevented by sustaining bodily injuries out of motor accident.
Final Decision: The Court quashed and set aside the impugned order dated 21-7-1994 and directed the petitioner to file a fresh representation before the University stating the entire background mentioned in the writ petition. The University was directed to cause it to place before the Academic Council along with other documents and take a decision on the same day.
ORDER :- Heard Mr. C. Lalramzauva, learned counsel for the petitioner as well as Mr. Sailo, learned counsel for the respondents Nos. 1 to 4.
2. Facts leading to the filing of the present writ petition may be briefly recited. After completing of three years degree course in Education in the year 1988, petitioner joined the Post Graduate course in the Department of Education for the Session 1989-90 under the North Eastern Hill University, in short (NEHU ).
3. Petitioner completed first three semesters from Shillong Campus and one semester from Mizoram campus, Aizawl. Petitioner was assigned Roll No. A-004 of Shillong Campus. The Post graduate course under NEHU consists of four semesters and can be completed within a period of two years. In each of the semesters there are four papers carrying 100 marks each. Out of total 100 marks, 25%. is alloted to Sessional works ( Internal Exams. ) and the rest 75% is allotted for Semester Exams (External). Accordingly, the Sessional Works carries 100 marks, while Semester Exams carries 300 marks. In the end of 4th Semester in M.A. Course (Education ), four papers were prescribed in syllabus. These are :-
(a) Laboratory Practical
(b) Education of Exceptional children
(c) Pre-School Education, and
(d) Yoga Education.
Out of the four semesters, students can opt for writing of Dissertation which carries 200 marks in lieu of any two other papers. The petitioner opted for writing dissertation in lieu of the two papers viz: Pre-School Education and Yoga Education and therefore, she appeared and sat for the exam only in the papers namely : Laboratory Practical and Education of Exceptional children.
4. Petitioner completed Sessional works and Semester exam some time in the month of Dec. 1990 and the petitioner started her project/ Dissertation on the subject of "A STUDY OF THE TEENAGE MIZO FEMALE DROPOUTS BETWEEN 13 TO 19 AGE GROUP FROM HIGH SCHOOLS AIZAWL" under the Faculty Supervisor of Dr. R.S. Wangu, Reader of the Department of education. NEHU (Mizoram Campus) which was approved by the School Board meeting held on 17-7-1990.
5. At the time of undergoing Dissertation work, she was referred to Christian Medical College Hospital at Vellore, Madras some time in the month of Feb. 1991. It is stated that while coming back from Vellore. She met with road accident on 5-3-1991 near Madras, sustaining serious injuries of Pelvic bone fracture and Lumber disc prolapse. Thereafter, she was admitted at Sri Balaji Hospital, Madras and was discharged on 15 -3 - 1991 with advise for complete bed rest.
6. It is also stated in para 7 of the petition that, she further underwent treatment at the Institute of Neurological Science, Dispur, Assam, and after thorough medical check up, it was diagnosed that the petitioner was having Lumber Disc Prolapse and Pelvic bone fracture. She was advised to avoid lifting heavy weights or stooping forwards, bending or stooping, to avoid travel over two wheelers, or on rough roads, to avoid prolonged sitting or standing, to sleep on a firmbed and to wear a lumber belt always except while sleeping or for toilet activities.
7. According to her, due to the injuries sustained at the time of accident, she could not perform her duty of Dissertation w.e.f. 5-3-1991 till 12- 11 -1991. Against all these odds, petitioner finally completed her Dissertation work, on the topic "A STUDY OF THE TEENAGE MIZO FEMALE DROPOUTS BETWEEN 13 TO 19 AGE GROUP FROM HIGH SCHOOLS AIZAWL," and submitted the Dissertation work on 8-10-1993 duly signed by her Supervisor namely: Dr. R.S. Wangu, Reader. She also applied for condonation of delay in submitting the Dissertation work. Her Supervisor also has written a letter dated l9-11-1993 (Annexure 11 ) addressed to the 3rd respondent for condoning the delay in submitting the Dissertation work. In the letter aforesaid, her Supervisor had stated that she could not complete the work of Dissertation due to unfortun
