Siddhartha V. v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.13735 of 2018 Siddhartha, V.
... Petitioner vs.
1.
The Registrar, Anna University, Guindy, Chennai 600 025.
The Controller of Examinations, Anna University, Guindy, Chennai 600 025.
3.
The Principal, Easwari Engineering College, Bharathi Salai, Ramapuram, Chennai 600 089.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus, to call for the records by quashing the impugned notice dated 13.03.2018 issued by the 1st Respondent as null and void and consequently direct the 1st Respondent to issue the Petitioner the Consolidated Mark Sheet and Degree Certificate with respect to the B.E. Degree (Computer Science and Engineering) bearing Register No.310613104501 having completed the same in the 3rd Respondent College. For Petitioner :
Mr.V.Prakash, Senior Counsel for Mr.A.S.Baalaji For Respondents 1 & 2 :
Mr.L.P.Shanmugasundaram For 3rd Respondent :
Mrs.B.Saraswathi
O R D E R
Petitioner has come up with the present Writ Petition seeking to quash the impugned notice dated 13.03.2018 issued by the 1st Respondent and for a consequential direction to the 1st Respondent to issue Consolidated Mark Sheet and Degree Certificate to him, in respect of his completion of B.E. Degree (Computer Science and Engineering) in the 3rd Respondent College.
According to the Petitioner, he joined B.E. (Computer Science and Engineering) during the academic year 2012-2013 at Veltech Engineering College, Avadi, Chennai and completed his First year comprising of 1st and 2nd semester by clearing all the papers, except one paper viz. Electric Circuits and Electronic Devices, which comes under 2008 Regulation. During the second year, i.e. in the year 2013, he sought transfer of his admission from Veltech Engineering College, Avadi, Chennai to the 3rd Respondent/College, viz. Easwari Engineering College, Ramapuram, Chennai, since both the Colleges come under Anna University.
3.
Pursuant thereto, the Department of Technical Education vide Memo dated 24.07.2013, issued the Petitioner, a copy of the order of Transfer, giving effect to transfer the Petitioner from Veltech Engineering College to Easwari Engineering College. During the academic year 2013-2014, after his transfer into the 3rd Respondent/College, the Petitioner was not permitted to write the 3rd semester Examination due to lack of attendance. Meanwhile, the Petitioner sought permission to write his 2nd semester arrear paper and the same was allowed. The Petitioner cleared the arrear paper viz. Electronic Circuits and Electronic Devices, under the 2008 Regulation during January 2014. 4.
During the academic year 2013-2014, the Petitioner was under break of study, due to lack of attendance. However, he completed all his first year papers under the 2008 Regulation, well before getting the re-admission order for the academic year 2014-2015 under Regulation 2013. In the academic year 2014-2015, the Petitioner got re-admission order from the Department of Technical Education vide Memo dated 16.08.2013 and approval from the 1st Respondent Office, vide Letter dated 27.10.2014. After re-admission, the Petitioner was assigned with the Registration No.316613104501 and subsequent mapping was also complied with by the 1st Respondent with respect to his re-admission with the 3rd Respondent. 5.
It is further stated by the Petitioner that after successful completion of B.E.
Degree, the 3rd Respondent/College issued Transfer Certificate dated 12.06.2017 and Course Completion Certificate dated 10.05.2017 to him. Ever since his completion of final papers during November 2017, the Petitioner has been insisting the 3rd Respondent/College for issuance of the Mark Sheets for the 7th, 8th semester and Provisional Degree Certificate for his employment purpose.
Pursuant to his employment, the Petitioner received a mail from the Head of the Department of the 3rd Respondent/College on 24.03.2018, stating that the Petitioner should undergo additional courses of the following papers of the 2nd semester, in order to get a Degree Certificate under 2013 Regulation.
(i) CS 6201 Digital Principles and System Design (ii) CS 6202 Programming and Data Structures -1 (iii) CS 6211 Digital Laboratory (iv) CS 6212 Programming and Data Structures Laboratory - 6.
Thereafter, the Petitioner personally approached the Controller of Examination, the 2nd Respondent herein to issue the pending Mark Sheets, Consolidated Mark Sheet and Provisional Degree Certificate. The 2nd Respondent issued the Mark Sheets of the Petitioner pertaining to the 7th and 8th Semesters on 09.04.2018 and refused to issue the Consolidated Mark Sheet and Provisional Degree Certificate, quoting the letter for additional Courses issued by the Director (Academics).
7.
It is the case of the Petitioner that after issuance of Transfer Certificate by the 3rd Respondent and having joined in an employment based on the Course Completion Certificate issued by the 3rd Respondent/College, it is highly impossible for him to write four additional Courses as referred to in the communication dated 13.03.2018. Hence, challenging the impugned order dated 13.03.2018, the Petitioner is before this Court.
8.
Respondents 1 and 2 have filed counter stating that when a student gets transfer cum re-admission from the Directorate of Technical Education, automatically, he/she comes to a new Regulation in force. In the case on hand, the Petitioner moved from Regulation 2008 to Regulation 2013 and as such, it is appropriate for the Principal of the College, where the student has been re-admitted, to write the Courses suggested by the Director, Centre for Academic Courses under the New Regulation 2013 to match both curricula and for the completeness of the programme of study. According to the Respondents 1 and 2, as and when a student comes to new Regulations, he has to write the Courses prescribed under the new Regulations. There may be wide variations in the Regulations and curricula between 2008 and 2013 and hence, it is obligatory that the students get a new curriculum and syllabi prescribed by the University (Director of Academic Years) to match both Regulations.
9.
In support of their case, Respondents 1 and 2 have relied on a decision of the Apex Court in the case of All India Council for Technical Education vs. Surinder Kumar Dhavan and others, (2009 (11) SCC 726), relevant portion of which, is as under:
"16. The courts are neither equipped nor have the academic or technical background to substitute themselves in place or statutory professional technical bodies and take decisions in academic matters involving standard and quality of technical education.
If the courts start entertaining petitions from individual institutions or students to permit courses of their choice, either for their convenience or to alleviate hardship or to provide better opportunities, or because they think that one course is equal to another, without realising the repercussions on the field of technical education in general, it will lead to chaos in education and deterioration in standards of education.
17.
The role of statutory expert bodies on education and the role of Courts are well defined by a simple rule. If it is a question of educational policy or an issue involving academic matter, the Courts keep their hands off."
10.
Heard the learned counsel on either side and perused the material documents available on record.
11.
Admittedly, the Petitioner joined B.E. (Computer Science Engineering) in Veltech Engineering College, Avadi, Chennai for the academic year 2012-2013 and obtained transfer of admission in the 3rd Respondent/College in the academic year 2013-2014. The grievance of the Petitioner is that, after clearing all the papers in all the semesters and even after obtaining employment, by the impugned order dated 13.03.2018, the Petitioner has been asked to undergo four additional Courses in the second Semester, as per the new Regulations of the year 2013.
12.
It is seen that the Petitioner has successfully completed B.E. (Computer Science Engineering) Course in the academic year 2016-2017. When a student joins a Course and is governed by a particular Regulation, that Regulation will continue to hold the field, till he/she completes the Course. In this case, for want of attendance, the Petitioner was asked to undergo four additional Courses, which does not mean that for one part of the Course, Regulation 2008 applies and for another part of the Course, Regulation 2013 will apply. 13.
The decision relied on by the Respondents 1 and 2 in the case of Surinder Kumar Dhavan's case (cited supra), will not be applicable to the facts of this case. Undoubtedly, only the Statutory Expert Bodies on education can take decisions in academic matters and this Court is not an Expert Body to decide about the same.
14.
In the case on hand, the Petitioner is employed and his employment should not be affected by the impugned proceedings, in any manner. Since the Petitioner has completed his studies, after clearing all the Papers as per Regulation 2008, and obtained Conduct Certificate, the 3rd
Respondent/College is directed to issue the Consolidated Mark Sheet of the 7th and 8th Semesters to the Petitioner, along with his Degree Certificate, without insisting upon the completion of four additional Courses, mentioned supra, within a period of one month from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected W.M.p.No.16203 of 2018 is closed.
Sd/- Assistant Registrar(Cs VIII) //True Copy// Sub Assistant Registrar To:
1.
The Registrar, Anna University, Guindy, Chennai 600 025.
The Controller of Examinations, Anna University, Guindy, Chennai 600 025.
+1cc to Mr.V.R.Mukundakumar, Advocate SR.NO.50492 +1cc to Mr.L.P.Shanmugasundaram, Advocate SR.NO.50879 +2cc to Ms. B.Saraswathi, Advocate SR.NO.50653,50238 VGI(CO) sm:14.8.2018 Order in W.P.No.13735 of 2018