2022 Supreme(Jhk) 302
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Kumar Abhinav – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 4201 of 2021
Decided On : 18-07-2022
Advocate Appeared:
For the Petitioner: Suraj Singh.
For the Respondents: Bandana Sinha, A.K. Mehta, Atul Rai.
There is no provision for relaxation of the period beyond 7 years to complete the 4 years B. Tech. Degree course.
Headnote:
Relaxation of Period - B Tech-Civil Examination - Clause 12.10, 13.3, 16 of the regulation
Fact of the Case:
The petitioner sought relaxation of the period to complete the B. Tech-Civil course and to declare the result of the 7th Semester Examination, as well as to permit him to appear in the 8th Semester Examination. The Examination Board rejected the petitioner's request for extending the maximum period of 7 years to complete the B. Tech. course.
Finding of the Court:
The court found that there is no provision for relaxation of the period beyond 7 years to complete the 4 years B. Tech. Degree course. The court upheld the decision of the Examination Board and dismissed the writ petition.
Issues: The main issue was whether the petitioner's request for relaxation of the period to complete the B. Tech-Civil course should be granted.
Ratio Decidendi: The court held that since there is no provision for relaxation of the period beyond 7 years to complete the B. Tech. Degree course, the petitioner's request could not be granted.
Final Decision: The court dismissed the writ petition and the associated applications.
ORDER :
1. The present writ petition has been filed for issuance of direction upon the respondent nos. 4 and 5 to declare the result of the petitioner’s 7th Semester (B Tech-Civil) Examination, Batch 2013-17 having Roll No. 13CE0053, Registration No. CE0055/13, Branch-Civil Engineering. Further prayer has been made for issuance of direction upon the said respondents to permit the petitioner to appear in 8th Semester (B. Tech-Civil) Examination, Batch 2013-17 by allowing him to fill-up examination form for the said examination.
2. Learned counsel for the petitioner submits that the petitioner, after passing his Intermediate Examination, took admission in Ram Tahal Choudhary Institute of Technology, Anandi, Ormanjhi in B-Tech (Civil Engineering stream), Batch 2013-17, approved by AICTE and affiliated to Ranchi University, Ranchi. The petitioner was declared passed in the 1st Semester examination held in the month of March, 2014 and also passed the 2nd Semester Examination (Summer Special) along with 4th Semester Examination (Summer Special) of the said course held in the month of October, 2020. Before that, the petitioner had cleared 3rd Semester (Special) Examination held in the month of November, 2019. Subsequently, the petitioner also cleared 5th Semester (Summer Special) Examination held in the month of December, 2020. The petitioner cleared 6th Semester Examination held in the month of June, 2020. After clearing the papers of 6th Semester Examination, the petitioner appeared in 7th Semester Examination held in the month of June, 2021, however, his result was not declared by the Ranchi University. In the meantime, the petitioner made representation dated 16.08.2021 before the respondent no. 4-the Vice-Chancellor, Ranchi University, Ranchi through the Principal of the said college, requesting to relax the period of 7 years to complete the B. Tech course and to declare his result of 7th Semester Examination as well as to permit him to fill-up the form for 8th Semester Examination, which was going to be held on 21.08.2021. However, the said request of the petitioner was not entertained and his result of 7th Semester Examination was not declared resulting in a situation that the petitioner has not been able to clear his B. Tech (Civil) course till date.
3. Learned counsel for the petitioner refers to Clause 13.3 of “Curricula for B. Tech. Course of Ranchi University” and submits that while considering the case of the petitioner as a special one, the respondent no. 4, on recommendation of the Committee specially constituted for this purpose, could have extended the period for completion of B. Tech. course. Further, as per Clause 16 of the said Curricula, the respondent no. 4 on the advice of the Academic Council Committee could have relaxed the period for completing the B. Tech. course beyond 7 years treating the said case as an exceptional one.
4. Mr. A.K. Mehta, learned counsel for the respondent nos. 4 and 5, while referring to the counter affidavit filed on their behalf, submits that Ranchi University constituted the Board of Studies vide Notification No. RU/R/6524 dated 29.05.2004 to formulate the curriculum of B. Tech. Engineering. The said Board considered the AICTE Model Syllabi and recommended the approval of AICTE Engineering Curriculum with its structure in totality as would be evident from Clause 1.1 of the Regulations of Bachelor of Technology (B. Tech.) Degree. As per the provisions of the Regulations, the said course should be completed in eight Semesters. Clause 12.10 of the regulation with respect to Curricula for the B. Tech. course of the Ranchi University specially provides that a student in any Degree Programme must complete the prescribed course work of the first four semesters within a maximum period of 3 years and those of the last four in 3 years. In special cases, the Vice-Chancellor, on the recommendation of the Committee specially constituted for this purpose, may further extend the total time limit for co