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2023 Supreme(Jhk) 290

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar, J.
P. Soumya - Petitioner
Vs.
University Grants Commission, New Delhi through its Executive Authority - Respondent
W.P.(C) No. 928 of 2022
Decided On : 10-07-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumeet Gadodia, Advocate Mrs. Shilpi Sandil Gadodia, Advocate
For the Respondent:Mr. Prasenjit Mahato, Mr. Srijit Choudhary, Advocate

Headnote:

University Grants Commission Act, 1956 - Section 22 – Common Aptitude Test – Applications – Admission – Examination – Held, respondent-BIT has also contended that a student, who had opted for ‘exit’ after 6th semester examination, was not allowed to ‘exit’ – It has however failed to bring on record sufficient document to show that facts and circumstance of said case is also similar to case of petitioner – Judgments cited by learned counsel for respondent-BIT are not applicable in facts and circumstance of present case as respondent-BIT itself has deviated from admission notification by issuing course completion certificate as well as permitting petitioner to withdraw from Institute – Conduct of respondent-BIT itself reflects that it has not treated condition of filing application for exit before 6th semester end examination as mandatory and as such petitioner is entitled to bachelor degree certificate after withdrawal from said integrated course – Writ petition allowed.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the Birla Institute of Technology (BIT), Mesra, Ranchi (the respondent no.2) to grant 'Degree of Bachelor of Science in Mathematics and Computing' to the petitioner in terms with Section 22 of the University Grants Commission Act, 1956 as she has successfully completed 6th Semester Examination of 'Integrated M.Sc. in Mathematics and Computing Programme' and has secured requisite credits for grant of degree of B.Sc. in Mathematics and Computing.

2. The factual background of the case as emerges from the writ petition is that the respondent no.2 issued an admission notification dated 2nd May, 2016 inviting applications from eligible Class-XII pass-out students aspiring to get admission in 5-Year (10-semester) Integrated M.Sc. Programmes, 2016 in the BIT, Mesra commencing from Academic Session 2016-17. Pursuant to the said notification, the petitioner took admission in the programme namely 'Integrated M.Sc. in Mathematics and Computing’ and completed her 6th semester in the year 2019. The petitioner even successfully completed 7th and 8th semesters in the month of June, 2020. The petitioner appeared in Common Aptitude Test (CAT)-2019 held in the month of November, 2019 and secured an overall 91.52 percentile. She thereafter received offers from several IIMs across the country to undergo further admission process comprising of Written Admission Test (WAT) and Personal Interview (PI). Since the petitioner was not issued its Bachelor in Science Degree from BIT, Mesra, she contacted the Head of Department of Mathematics & Computing (Respondent No.6) to issue her a certificate to the effect that she had already passed 6th semester so as to enable her to appear in further process of WAT and PI test to be conducted by respective IIMs. Pursuant to the petitioner’s application, the respondent no. 6 issued requisite certificates to the petitioner to enable her to appear in further process of admission in IIMs. She thereafter participated in the admission process of WAT and PI as offered by IIMs and was declared successful. The petitioner received e-mail from IIM, Ranchi offering her to take admission to the "Two- Year Post Graduate Programme in Management" for the Session 2020- 22 and was asked to confirm her acceptance by making payment of acceptance fee of Rs. 1,00,000/-. The petitioner deposited acceptance fee in IIM, Ranchi and thereafter she received e-mail from IIM, Ranchi to complete the admission formalities by making registration and submitting/uploading requisite documents/credentials on shared link of website of IIM, Ranchi. The petitioner then contacted the respondent No.6 vide e-mail dated 29.06.2020 and requested to issue graduation certificate to complete registration with IIM, Ranchi. However, the respondent no.6 suggested the petitioner to contact the Dean of Academic Programmes (the respondent no.5). Accordingly, the petitioner contacted the respondent no.5 vide e-mail dated 03.07.2020 requesting to issue her certificate of bachelor degree, however respondent no.5, vide e-mail dated 03.07.2020, directed the petitioner to contact the Examination Section for issuance of the said Certificate/Degree.

3. In the meantime, the petitioner took admission in IIM, Ranchi in anticipation of getting certificate of bachelor degree to be issued to her by the respondent no.2. The online classes of MBA Course commenced from 3 rd August, 2020. Even after commencement of her online classes, the petitioner e-mailed the Controller of Examination, BIT, Mesra, Ranchi (the respondent no.4) requesting to issue certificate of bachelor degree, provisional certificate and mark-sheets of the 7th and 8th semester. The respondent no.4 directed the petitioner to contact the Student Section of the said institute for getting the said certificates/marksheets.

4. The petitioner again e-mailed the respondent no.5 mentioning, inter alia, that she wanted to withdraw from the Integrat

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