Prithwish Mallick vs The State Of West Bengal And Others
2022 Latest Caselaw 6481 Cal

Citation : 2022 Latest Caselaw 6481 Cal
Judgement Date : 12 September, 2022

Calcutta High Court (Appellete Side)

Prithwish Mallick vs The State Of West Bengal And Others on 12 September, 2022

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Kausik Chanda

W.P.A. No.14366 of 2021

PRITHWISH MALLICK

-VERSUS-

THE STATE OF WEST BENGAL AND OTHERS

For the petitioner : Mr. Bishajib Ghosh, Adv., Mr. Sumitava Chakraborty, Adv.

For the State : Mr. Swpan Kumar Dutta, Adv., Mr. Rajat Dutta, Adv.

For the University : Mr. Nilotpal Chatterjee, Adv., Mr. Sourabh Sengupta, Adv., Mr. Satyaki Banerjee, Adv.

Hearing concluded on      : 05.09.2022



Judgment on               : 12.09.2022




Kausik Chanda, J.:-

The petitioner was an M. Tech student of evening course in Electrical

Engineering at Calcutta University. He got admission in the said course in

the year, 2016. He cleared his first semester in the month of December

2016. He was due to appear in the second semester in the month of May

2017, but he did not appear.

2. He was readmitted for the next academic session of 2017-2018 in

terms of Clause-11 of the Regulation for 3-year 6-semester part time M.

Tech. Course in Electrical Engineering (in short, the said regulations).

3. The petitioner, thereafter, appeared for the second semester in May

2018, but failed in the paper namely, "Embedded Systems." He was allowed

to take the said paper in May 2019. The petitioner again failed in the said

paper. Though the petitioner cleared his third semester as well as fourth

semester, the University did not allow him to continue with his studies on

the ground that the petitioner has failed to earn his due credit as he could

not clear the "Embedded Systems" paper in two consecutive chances.

Challenging the said stand of the University, the petitioner has filed this

writ petition in September 2021.

4. Mr. Bishajib Ghosh, learned advocate appearing for the petitioner, by

referring to Clause-12 (a) of the said regulations suggested that the

"corresponding semester in the next academic session" would mean a

candidate will get total three chances after readmission. The first chance

will be available in the academic session in which he was readmitted and

another two chances may be availed by the candidate by appearing at the

corresponding semesters in the next academic session.

5. Mr. Nilotpal Chatterjee, learned advocate appearing for the

University, on the other hand, submits that the petitioner in effect has been

given three chances. He had an opportunity to take admission in the year,

2017 but he did not appear in the said examination.

6. Thereafter again he availed his chances to clear the said paper in

2018 and 2019. Despite providing two consecutive chances, the petitioner

could not clear the second semester and as such, the petitioner could not

be allowed any more chances to clear the said paper. Mr. Chatterjee

submits that the University has acted in compliance with Clauses 11, 12,

and 13 of the said regulations. No interference is called for by this Court.

7. I have failed to persuade myself to accept the argument of Mr.

Biswajib Ghosh, learned advocate appearing for the petitioner, that a

candidate will get again three chances after his readmission. I am of the

view that a candidate is entitled to three chances in total to clear a

semester.

8. The relevant clauses of the said regulations are quoted below:

"10. Candidates of 1st to 5th Semester examinations will be allowed to continue in the next semester classes provided he/she secures at least the following credit respectively and for the 6th semester, he /she has to secure the following credit:

Semester Minimum Credit to be obtained

11. A candidate earning credit less than that mentioned in clause number 10 in any semester will be declared as 'unsuccessful' candidate in that semester examination.

He/she will have to take readmission in the corresponding semester in the next academic session as per CU rules and he/she will be allowed two (2) such consecutive chances to earn the minimum credit.

12. (a) The shortfall in credit, being termed as 'due credits' (the candidate being unsuccessful in one or more papers) of a semester will have to be earned by the candidate by appearing in the said paper(s) at the examination of the corresponding semester in the next academic session and he/she will have two (2) such consecutive chances to earn his/her due credit(s).

(b) If he/she fails to earn the due credits within permissible chances (as per clause 12(a)), he/she will be declared as 'failed' candidate. In such a case he/she will have to take readmission in the first semester class as per CU rules.

13. (a) For a candidate who fails to earn all the 'credit' of a semester but continues to the next semester by virtue of earning minimum credits (clause number 10), it is necessary that, total accumulation of shortfall in credit carried by the candidate does not exceed 12 at any stage. In such a case he/she shall not be allowed to continue the course any further.

(b) In order to complete the M. Tech. course, a candidate will have to utilize all the allowed chances within five (5) years from the date of first admission. A candidate who fails to earn all the credits of the M. Tech. course within

the permissible chances will not be allowed to continue the course any further.

(c) If a candidate is unable to appear at any of the theory or practical examination(s), he/she will earn zero (0) credit in that paper(s)."

9. A bare reading of the aforesaid provisions makes the following things

clear:

A. A candidate earning credit less than that mentioned in Clause

No.10 in any semester will be declared as an unsuccessful

candidate in that semester. This is his first chance.