High Court Of Orissa
ARIJIT PASAYAT, C. R. PAL
G.SREENIVASAN - Appellant
Versus
PRINCIPAL, REGIONAL ENGINEERING COLLEGE, ROURKELA - Respondent
O. J. C. 6105 Of 1998
Decided On : 09/07/1999
EDUCATION - AUTONOMOUS COLLEGE - ADMISSION TO HIGHER SEMESTER - BACK PAPER CLEARANCE - RECHECKING - LEGITIMATE EXPECTATION - PROMISSORY ESTOPPEL - WENDESBURY PRINCIPLE - APPLICABILITY - HELD, petitioners were not eligible to be admitted to the higher semester; writ applications dismissed.
Fact of the Case:
Petitioners challenged the notification issued by the Regional Engineering College, Rourkela refusing to allow their appearance at the higher semesters on the ground that they have not completed back (lower) semesters. Prayer in each case is to quash the aforesaid notification and to allow them to sit in the higher semesters.
Finding of the Court:
1. The principle of legitimate expectation is accepted as part of our law and that the decision maker can normally be compelled to give effect to his representation in regard to the expectation based on previous practice or past conduct unless some overriding public interest comes in the way. 2. The doctrine of promissory estoppel is now well established one in the field of administrative law. 3. The Regulation 4 being clear and rechecking permitted being not in terms of any provision holding the field cannot bring in application of principles relating to promissory estoppel.
Issues: 1. Whether the petitioners were eligible to be admitted to the higher semester without having cleared back papers? 2. Whether the principle of legitimate expectation and promissory estoppel can be invoked in the present case?
Ratio Decidendi: 1. The petitioners were not eligible to be admitted to the higher semester without having cleared back papers as per Regulation 4 of the College. 2. The principle of legitimate expectation and promissory estoppel cannot be invoked in the present case as there was no provision in the regulation for rechecking and the petitioners did not suffer any detriment by relying on the rechecking procedure.
Final Decision: The writ applications were dismissed.
A. PASAYAT, J.
( 1 ) AS dispute involved in all these writ applications is common, this judgment will govern each one of them.
( 2 ) PETITIONERS in these writ applications have challenged the notification issued by the Regional Engineering College, Rourkela (hereinafter referred to as the 'college') refusing to allow their appearance at the higher semesters on the ground that they have not completed back (lower) semesters. Prayer in each case is to quash the aforesaid notification and to allow them to sit in the higher semesters. Dispute raised lies within a comparatively narrow compose as according to petitioners they are eligible to appear on the basis of "back paper"/rechecking procedure.
( 3 ) BACKGROUND facts so far as undisputed are as follows :the College was established in the year 1961 and affiliated to Utkal University. Initially, regulations of the said University were being followed. After establishment of Sambalpur University, the College was affiliated to Sambalpur University in the year 1967 and regulations of Sambalpur University were followed. In the year, 1990, the College became autonomous and since then regulations of the College are being followed. Regulation 4 of the College which is of importance for adjudication of dispute reads as follows :" (i) If he/she satisfied the requirements mentioned in columns 2, 3 and 4 of the table, provided that any student who fails to satisfy the requirements under columns 2 and 3, becomes an ex-regular student and register for the subsequent examinations as a private candidate and appear in the corresponding theory papers in the next available chances. A student is not allowed to appear at the higher semester if he has not passed the corresponding back (lower) semester completely. TABLE semester Candidates should have passed the exmination completely Candidates should have secured pass marks in the aggregate of sessional subjects of the examinationcanidate should have registered for the semester examination. 1234 First As in Reg. 2----Second----First Semester Third--First Semester Second Semester Fourth--Second Semester Third Semester Fifth First Semester Third Semester Fourth Semester Sixth Second Semester Fourth Semester Fifth Semester Seventh Third Semester Fifth Semester Sixth Semester Eighth Fourth Semester Sixth Semester Seventh Semester.
( 4 ) AFTER the College got academic autonomy in 1990, the College Academic Committee extended benefit to the students by permitting that they can apply for rechecking of their results by applying for the same and depositing requisite fees. Consequent upon the introduction of the aforesaid system, some students applied to the authorities for rechecking their answer scripts. As rechecking procedure was time consuming one and results of rechecking were not published before admission to the higher semesters, students requested the Principal to allow them to continue in the higher semester, pending publication of results of rechecking. The applicants gave an undertaking to the effect that if their marks in the answer scripts were not enhanced, they will leave the higher semester and continue in the lower semester. Aforesaid request of the students was accepted by the Principal and the students were allowed to continue in higher semesters pending publication of rechecking of answer scripts. This rechecking facility was introduced from academic session 1992-93 onwards. While this system was going on, present petitioners requested to continue in higher semester notwithstanding their non-clearance of the back semester, but they did not submit the requisite undertakings. According to the College, introduction of the aforesaid system in the College was never objected to by Sambalpur University and has to be held to have been ratified. Since the College is an autonomous one, its Academic Committee for greater interest of the students introduced the system. Unfortunately, intended results were not achieved, and a chaotic situation was create
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