Exceptional circumstances, such as the Covid-19 pandemic, may warrant the grant of an extension for completion of academic programmes, even in the absence of specific provisions in the rules.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for the quashing Letter No. 2012/DR/1023/AGL/Acad dated 07.04.2021 (Annexure-4 to the writ petition) issued by the Assistant Registrar (PG), Indian Institute of Technology (Indian School of Mines), Dhanbad whereby the petitioner has been communicated that the Chairman, Senate has approved the recommendation of the competent authority regarding termination of his Academic Programme (Part-time Ph.D.) due to exceeding the maximum duration prescribed for completion of the Ph.D. Programme, as a result of which, the academic programme of the petitioner has been terminated w.e.f. 31.3.2021. Further prayer has been made for issuance of direction upon the respondents to grant extension of tenure for completion of Part-time Ph.D. Programme to the petitioner in view of the decision taken by the respondent No. 2 that the time lost by the Research Scholars due to their absence owing to Covid-19 pandemic since March, 2020 would be compensated.

2. Learned counsel for the petitioner submits that the petitioner got registered in Part-time Ph.D. Programme after approval of the Academic Council of the Indian School of Mines, Dhanbad under Ph.D Part-time Rules, 2012, Rule 2.2(a) Note (i) in the discipline of Coal Geology, Coal Bed Methane w.e.f. 23.06.2011. However, on the request of the petitioner, his date of registration in the said programme was considered as 26.05.2012 by the competent authority. The topic of the research was ‘Petrographic Controls on Coal Bed Methane of Jharia Coal Basin, Jharkhand’ and the internal Guide of the petitioner was Professor A.K. Verma. The petitioner is an officer posted in Oil and Natural Gas Corporation (ONGC) and he has undertaken all the experiments to be mandatorily done to get Ph.D for the subject in which he is writing his thesis. The total period for completion of Ph.D. under old Ph.D. Rule was seven years and as such the petitioner was required to submit his thesis by 25th May, 2019. The petitioner requested for extension of time to complete his thesis, on which, one year’s extension was granted to him by the Chairman, Academic Council. Thus, the petitioner was to submit his thesis 25th May, 2020, however, due to Covid-19 pandemic, he was not in a position to submit the same till the said extended period. The respondent No. 2 took a decision which was communicated to all the students/research scholars on 28.4.2021 informing them that the time lost by the research scholars due to their absence from the campus owing to Covid-19 pandemic since March, 2020 would be appropriately compensated after the Institute resumes its academic activities. Admittedly, Indian Institute of Technology (Indian School of Mines), Dhanbad did not resume its academic activities till 28.04.2021 and in the meantime, the impugned letter dated 07.04.2021 was issued informing the petitioner about termination of his part-time Ph.D Academic Progamme. The petitioner has come to know that the Institute has completely resumed its academic activities recently. Thus, he is also entitled for further extension of at least three months’ time to complete his thesis, as the same has been granted to various other similarly situated persons and he cannot be deprived of the same. If the petitioner is given extension of three months, he will certainly submit his thesis within that period. The petitioner also preferred an appeal, however, the same was rejected without considering the fact that during Covid-19 pandemic, all the institutions had suitably provided time relaxation. The petitioner has also filed another appeal, but no relief has been granted which has compelled him to prefer the present writ petition.

3. Learned counsel for the respondents submits that as per Rule 2.5.9 of the Old Ph.D (Part-Time) Rules, 2012, no candidate can be permitted to remain registered for a period exceeding seven years from the date of registration. However, an extension of one year can be gra