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2016 Supreme(P&H) 2450

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, J.
Harsh Yadav & others - Petitioners
Versus
Panjab University & others - Respondents
CWP No.23212 of 2015
Decided On : 09-12-2016

Advocates Appeared:
For the Petitioners: Mr. Aalok Jagga.
For the Respondents: Mr. Suvir Sidhu, Ms. Nidhi Garg, Mr. Vaibhav Gupta, Mr. K.K. Gupta.

The importance of expert opinion in academic matters and the limited role of the court in substituting its views in educational policy or issues.

Headnote:

Exit Option - Integrated B.E.(Chemical) with MBA-dual degree course - AICTE approval, faculty availability, and exit policy discussed - [AICTE Act, Section 10(1)(b); University Grants Commission Act, Section 22]

Fact of the Case:

85 students seek 'Exit Option' from the Integrated B.E.(Chemical) with MBA-dual degree course after 4 years, citing similar benefit granted to students of another institute. Allegation of violation of Article 14 of the Constitution of India.

Finding of the Court:

Court dismissed the petition, citing lack of merit and upheld the decision of the academic experts and authorities. Liberty given to file a representation for improvement of management faculty.

Issues: Violation of Article 14 of the Constitution of India, discrimination in granting 'Exit Option', faculty availability for the integrated course.

Ratio Decidendi: Court upheld the decision of academic experts and authorities, emphasized the importance of expert opinion in academic matters, and dismissed the petition due to lack of merit.

Final Decision: The petition is dismissed, with liberty given to file a representation for improvement of management faculty.

JUDGMENT :

G.S. Sandhawalia, J.

1. Present writ petition has been filed by 85 petitioners who are students of respondent No.2-Dr.S.S.Bhatnagar, University Institute of Chemical Engineering & Technology (UICET) (formerly known as Department of Chemical Engineering & Technology), Punjab University, seeking 'Exit Option' from the Integrated B.E.(Chemical) with MBA-dual degree course after completion of 4 years. They seek the grant of degree of B.E. (Chemical) on the ground that similar benefit had been granted to another set of students of the University Institute of Engineering & Technology (UIET)-respondent No.4, of the respondent-University by the Syndicate on 26.10.2014 (Annexure P2), which was approved by the Senate on 14.12.2014 (Annexure P3).

2. It is the case of the petitioners that in respondents No.2 & 4 which are the constituent institutes of the respondent-University, an integrated course of B.E. + MBA of 5 years duration is being carried out. The admissions had been made by way of common information brochure in the year 2013 by the Joint Admission Committee, as per information brochure (Annexure P1). It is the case of the petitioners that respondent No.4 is offering the B.E. Course in 6 different disciplines and an integrated course of B.E.+ MBA and similarly, respondent No.2 is offering the B.E. Course in Chemical Engineering and Food Technology and the second course was of 5 ½ years integrated B.E. (Chemical) + MBA. The fee charged of the course in question was more than 5 times than the B.E. Course. The students of respondent No.4, in the year 2014, had demanded an 'Exit Option' on completion of their 4 years on the ground that it did not have the approval of the All India Council for Technical Education (AICTE) and that the programme was not being managed properly, which was a common programme. A request had been made on 22.09.2014 by the Director of respondent No.4, which was considered by the Syndicate on 26.10.2014 and the 'Exit Option' had been allowed. The students were permitted to complete the B.E. Degree by the 4th year. It is the case of the petitioners that they are similarly situated as the students of respondent No.4 and the same was part of the discussion which had taken place before the University authorities. Accordingly, they had given representations dated 09.09.2015 and 10.09.2015 (Annexures P4 and P5). Thus, it is their case that similar benefits had been granted in other Universities, as such, and therefore, the same should be granted to them also. Resultantly, violation of Article 14 of the Constitution of India, was alleged that there was no difference. Resultantly, this Court was approached alleging that the 'Exit Option' was restricted only to the students of respondent No.4 and was not justified.

3. Respondent-University, in its reply, pleaded that respondent No.2 had applied for MBA accreditation of B.E. (Chemical), B.E. (Food Technology) and M.E. (Chemical) and only after accreditation of the courses, MBA integrated course was sent for approval from AICTE, as per the AICTE approval process of extension. It was denied that the integrated course was not being managed properly due to lack of competent faculty. The factum of respondent No.4 also running the B.E + MBA course was admitted. The students along with the Director, UIET had brought the matter before the Vice-Chancellor and the same was forwarded to the Syndicate for discussion and the 'Exit Option' had been given. The course of B.E. + MBA was closed at the UIET and no admissions had been made since the year 2014. Respondent No.2-Institute was running the course of the integrated B.E. (Chemical) + MBA since 2008-09. Initially, if the students would leave after 4 years, he would be awarded degree in Engineering and on the completion of 5 years Integrated course, the integrated B.E. (Chemical) with MBA would be awarded. On a memorandum which was submitted, a dual degree was sought, i.e., separate degrees for B.E. & M.B.A. A Committee was








































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