Calcutta High Court (Appellete Side)
Shirin Sarja Juhana vs Aliah University & Ors on 8 February, 2023
08.02.2023
ap
WPA 194 of 2023
Shirin Sarja Juhana
Vs.
Aliah University & Ors.
Mr. Arka Maity
Ms. Ambiya Khatun
Mr. Nepesh Maji
... For the petitioner.
Mr. Raghunath Chakraborty
Ms. Amrita De
... For the University.
The petitioner took admission under Aliah
University at New Town, Kolkata in Bachelor of
Vocation (B. Voc.) in Retail Management in the year
2019. She deposited Rs. 6,000/- with the University for
admission. The University, however, could not start the
proposed course.
The petitioner was not told anything about the
reasons for non-commencement of the course. Only in
the year 2022, by a letter dated August 05, 2022, she
was informed that the number of admitted students
was inadequate to start the course as the course was
self-financed. It was further informed that due to the
Covid-19 pandemic situation, a vocation-oriented
practical course like Bachelor of Vocation could not be
started. The petitioner was asked to collect her paid fee
from the University.
It has been submitted on behalf of the petitioner
that the petitioner has lost valuable three years due to
the failure of the University to start the course. The
petitioner had no fault. The University should,
therefore, either compensate the petitioner or allow her
to take admission to a different course under Aliah
University.
In support of such submission, learned advocate
appearing for the petitioner relies upon a judgment and
order dated June 13, 2022, passed by a Division Bench
of this Court in MAT 479 of 2019 (Abhisek Panda &
Ors. vs. West Bengal National University of Juridical
Sciences & Ors.). Reliance has been placed also upon
the judgment reported at (2020) 17 SCC 465 (S.
Krishna Sradha vs. State of A.P.).
I am not persuaded by the petitioner to allow her
prayer.
The fact remains that the course did not even
start. The petitioner was aware of such fact since she
never attended any classes. Therefore, it was only
reasonable for her not to wait for three years for an
official communication to be made from the University.
She should have explored other career avenues in the
meantime.
The facts involved in this case are totally
distinguishable from Abhisek Panda case where West
Bengal National University of Judicial Science started
an online course in the year 2012, and decided to
discontinue in the year 2019. The Division Bench
directed that the students, who had already enrolled
themselves from 2012 and not completed the same,
should be allowed to complete the course.
In S. Krishna Sradha case, the Supreme Court
held that in case of illegal and arbitrary denial of
admission to a meritorious candidate who has duly and
expeditiously pursued his/her legal remedies,
restitutionary relief of providing admission in the
relevant year or if not possible, in the subsequent year
should be granted and in such case, compensation can
be the additional relief only.
I have already discussed the facts of the case.
The aforesaid judgments were passed in totally different
facts and they render no assistance to the petitioner. In
the case in hand, the University had proper reason for
not starting the course. The decision was not arbitrary
or illegal.
Accordingly, WPA 194 of 2023 is dismissed.
The University will refund the fees accepted from
the petitioner within two weeks from date. The
petitioner will provide the bank details for the said
purpose.
There will be no order as to costs.
Urgent certified website copies of this order, if
applied for, be made available to the parties upon
compliance with the requisite formalities.
(Kausik Chanda, J.)
