The main legal point established in the judgment is that the permissibility of changing disciplines within an institute is determined by the interpretation of relevant clauses in the institute's rules, absence of an express prohibition, and consideration of rules from the mentor institute.

JUDGMENT

Sudhir Mittal, J. - The lis between the parties which calls for adjudication in this case is whether the petitioner is entitled under the existing rules to change his discipline?

2. The petitioner joined Indian Institute of Technology (IIT), Ropar in the academic session commencing in the year 2019 and was allotted the discipline of 'Mechanical Engineering Dual Degree'. On completion of the first year of his course, the petitioner sent an email dated 27.06.2020 to the Director of the Institute requesting for change to Computer Science Engineering and in the alternative to Mathematics and Computing. Based on this email, a report was sought whether a student of dual degree was eligible to seek a change. The academic section sent a report via email dated 08.07.2020 that being a five year course, students of dual degree were not entitled to convert to the four year B.Tech. course. Accordingly, the petitioner was informed through email of even date.

3. For the record, it may be noted that according to the Handbook of Information published for the Undergraduate Programme 2019-20 (hereinafter referred to as the 'Handbook') change of 'branch' was permissible at the end of first year provided the student fulfilled the criteria laid down in Clause 2.4.2 of the said Handbook. The said Clause 2.4.2 is reproduced below:-

2.4.2 Branch Change at the end of First Year

"a) A student is eligible to apply for change of branch at the end of first year only, provided he/she satisfies the following criteria:-

(i) CGPA for GE/OBC category student :- > 7.50 or greater

(ii) CGPA for SC/ST/PD category student :- > 6.50 or greater

(iii) Earned credits at the end of first academic session are 36 credits or more.

b) Change of the branch will be permitted strictly in the order of merit, in each category as determined by CGPA at the end of the first year, subject to the limitation that the actual number of students in the third semester in the discipline to which the transfer is to be made should not exceed its sanctioned strength by more than 10% and the strength of the branch from which transfer is being sought does not fall below 85% of its sanctioned strength.

c) The condition mentioned in item I-III above will not be insisted upon for a change to a branch in which a vacancy exists with the reference to the sanctioned strength and the concerned student was eligible as per JEE Rank for admission to that branch at the time of entry to IIT Ropar. However, these conditions will continue to apply in the case of students seeking change to a branch to which the concerned student was not eligible for admission at the time of entry to IIT Ropar."

4. This clause was modified vide office order dated 06.07.2020 on account of on-going Covid-19 pandemic. A change of 'branch' was permissible on the basis of the first semester score.

5. It is also relevant to record that the Institute has issued an office order dated 21.11.2019, according to which, the Senate in its 32nd meeting held on 10.10.2019, has approved conversion from B.Tech. programme to B.Tech.-M.Tech. (dual degree) programme. The course of study being taken by the petitoiner is known as B.Tech.-M.Tech. progamme according to the list of Undergraduate Programmes mentioned in Clause 1.3.1 of the Handbook referred to hereinbefore. During the pendency of the writ petition, the Institute was directed to decide the request of the petitioner dated 27.06.2020 in accordance with law whereupon order dated 14.09.2020 was passed rejecting the same. The said order has been placed on record as Annexure P-16 and the prayer clause of the writ petition has been amended to seek quashing of the said order.

6. Learned Senior counsel for the petitioner has argued that upon construction of various clauses of the Handbook there is no manner of doubt that change from the dual degree to the B.Tech. programme is permissible. In any case, there is no express prohibition. He has specifically referred to Clauses 1.1, 1.3, 1.3.1,