Important Point
Relief can be granted on the basis of analogy and equity.

1. The petitioners had been admitted to two years’ M. Tech Course in National Institute of Technology, Srinagar (NIT), in 2008 after having been selected pursuant to the Entrance Examination conducted by the Institute While the petitioners were pursuing the aforesaid course, they were selected and appointed as Junior Engineers (Civil) Grade a vide Government order dated 17.9.2009. Though not stated in the petition, they seem to have abandoned the course and joined the service. They assert that they verbally intimated their employer that they intended to complete their M. Tech Course and sought permission from NIT for resuming and rejoining the course. It is alleged that the NIT did not initiate any process on their request. However, they continued to persuade the NIT and that the NIT ultimately passed Resolution 07/19 which has the effect of excluding them from consideration for readmission to the course.

2. It appears that the proposal relating to re-registration of some M. Tech. students in M. Tech programs of Civil Engineering was placed before the Senate of the NIT in its 15th Meeting held on 25.08.2014. These students fell under two categories: first, those who had to withdraw from admissions for medical reasons; and second, those who had got jobs in the midst of the M. Tech course. The Senate disallowed the proposal but, at the same time, advised to frame regulation for discontinuation and re-admission through a sub-committee headed by Dean, Academic Affairs. The sub-committee formulated its recommendations which were placed before the Senate in its 19th Meeting held on 27.05.2015. The Senate approved the recommendations made by the sub-committee with a rider that in case of the candidates falling in the second category, i.e., the students who get jobs midway during the 1\1. Tech course, the maximum permissible gap oetween withdrawal of admission and re-registration shall be 03 years.

3. The petitioners have challenged the aforesaid Resolution No.07/19 of the Senate of the NIT formulating and framing the Regulation to govern withdrawal of admission to M. Tech. Degree course and re-registration thereto, and have prayed for the following reliefs:—

(i) By issuance of writ of certiorari, the resolution No.07/19 insofar as and in the event it denies re-registration, re-admission and completion of M. Tech. Course to the petitioners, may be quashed;

(ii) By issuance of writ of mandamus, the respondents may be commanded to re-register and re-admit the petitioners to the M. Tech Course undertaken by them pursuant to their selection in the year 2008 and allow them to complete the same in tune and in line with the decision taken by the respondent notwithstanding the rider of maximum permissible gap of three years between withdrawal of admission and re-registration as contained in resolution no.07/19;

(iii) By issuance of writ of mandamus, respondent No.1 and 2 may be directed to formal relieve the petitioners on their re-registration and re-admission for M. Tech course so as to complete the same.

4. The respondents have filed their reply, wherein it is stated that the petitioners were admitted in the Institute in Structural Engineering Branch (Civil Engineering) in 2008 under Enrolment No.SE/3/2008 and that second semester was awaited and that the petitioners completed one semester. Meanwhile, they were appointed as Junior Engineers in Public Works Department. After their appointment, the petitioners applied for release and return of their original certificates. It is submitted that the petitioners’ admission to M. Tech Course, accordingly, got cancelled. According to the respondents, the petitioners approached the Institute in 2013 for consideration of completion of their left over course. Since the Statutes did not provide for any such option, the matter was put up before the Senate. The Senate did not allow the proposal. However, it was advised that a sub-committee headed by Dean Academic Affairs should frame regulation tor