Sikkim High Court
Praveen Basnet vs Sikkim University And Ors on 4 May, 2023
Bench: Bhaskar Raj Pradhan
THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Extraordinary Jurisdiction)
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SINGLE BENCH: THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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W.P. (C) No. 22 of 2022
Shri Pravin Sharma,
S/o Shri Kharananda Sharma,
R/o Gyalshing, Aari Gaon,
P.O. and P.S. Gyalshing,
West Sikkim.
..... Petitioner
Versus
1. Sikkim University,
Through the Controller of Examination,
6th Mile, Samdur, Tadong,
Gangtok East Sikkim,
Pin No.737102.
2. The Principal,
Sikkim Government College, Gyalshing,
Pin No. 737111.
3. Education Department,
Through the Secretary,
Government of Sikkim,
Gangtok 737101.
.....Respondents
Writ Petition under Article 226 of the Constitution of
India.
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Appearance:
Mr. Thupden Youngda and Mr. Purab Wangdi,
Advocates for the Petitioner.
Mr. Karma Thinlay Namgyal, Senior Advocate with Mr.
Karma T. Gyatso and Mr. Yashir N. Tamang,
Advocates for Respondent No.1.
Mr. Thinlay Dorjee Bhutia, Government Advocate and
Ms. Pema Bhutia, Assistant Government Advocate for
Respondent Nos. 2 and 3.
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2
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Shri Praveen Basnet,
S/o Shri Mohan Singh Basnet,
R/o Middle Gyalshing,
P.O. and P.S. Gyalshing,
West Sikkim.
Versus
1. Sikkim University
Through the Controller of Examination,
6th Mile, Samdur, Tadong,
Gangtok, East Sikkim,
Pin No. 737102.
2. The Principal,
Sikkim Government College, Gyalshing,
Pin No. 737111.
3. Education Department,
Through the Secretary,
Government of Sikkim,
Gangtok 737101.
...... Respondents
Writ Petition under Article 226 of the Constitution of India.
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Appearance:
Mr. Thupden Youngda and Mr. Purab Wangdi,
Advocates for the Petitioner.
Mr. Karma Thinlay Namgyal, Senior Advocate with Mr.
Karma T. Gyatso and Mr. Yashir N. Tamang,
Advocates for Respondent No.1.
Mr. Thinlay Dorjee Bhutia, Government Advocate and
Ms. Pema Bhutia, Assistant Government Advocate for
Respondent Nos. 2 and 3.
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Date of hearing : 03.05.2023 & 04.05.2023.
Date of Judgment : 04.05.2023
3
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
J U D G M E N T (O R A L)
Bhaskar Raj Pradhan, J.
1. The two petitioners before this court are students
pursuing BA (Honours) degree in the respondent no.2
college under the respondent no.1 University. While Pravin
Sharma is pursuing Sociology (Honours), Praveen Basnet is
pursuing Political Science (Honours).
2. While the petitioners were in the 3rd semester they
were expelled on 19.02.2021 by the respondent no.2. Four
students including the petitioners who were expelled
challenged the expulsion orders before this court. On
14.12.2021 this court set aside the expulsion orders.
However, the two petitioners are once again before this
court. They seek to challenge the communication dated
16.02.2022 issued by the respondent no.1 to the
respondent no.2. The petitioners also seek a direction upon
the respondents to allow them to sit for the 6th semester
and classes as well as clear the backlogs of the previous
semester examinations.
3. Counter affidavits have been filed by the respondents.
The respondent no.1 states that the petitioners could not
appear for the 3rd and 4th semester examinations or attend
lectures for the 4th semester on account of being under
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
expulsion. It is also stated that when the judgment dated
14.12.2021 was pronounced by this court the courses of
the subsequent 5th semester had already commenced from
30.08.2021 and major part of 5th semester syllabus was
also complete before the expulsion was set aside. As the
petitioners had not attended their course from the 5th
semester, they were allowed readmission as regular student
from the next upcoming 4th semester in the subsequent
even session, 2022 to be held from 18.04.2022 to
28.07.2022. However, the petitioners rejoined from the
then ongoing 5th semester with their batchmates which had
already commenced from 30.08.2021 and attended classes
of the said semester from 10.02.2022 till 28.02.2022.
According to the respondent no.1 this was in consonance
with the University Ordinance, Syllabus and Regulations
on Conduct of Examination. The respondent no.1 submits
that a reading of the relevant Regulations makes it clear
that all students must compulsorily attend each of the
stipulated number of lectures as regular students in order
to fulfill the requirements for award of degree.
4. The respondent no.2 asserts that after the judgment
dated 14.12.2021 in the general body meeting convened on
22.12.2021 by the Principal it was decided to make a
formal query to the respondent no.1 to understand the
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
various steps to be taken pursuant to which they sent a
communication dated 22.12.2021 which was replied to by
the respondent no.1 vide its letter dated 11.01.2022.
Thereafter, at the general body meeting convened on
01.02.2022 the expelled students were allowed to complete
their studies. On 09.02.2022 undertakings were taken from
the petitioners to abide by the rules and regulations of the
respondents. On 10.02.2022 the respondent no.2 informed
the respondent no.1 about the reinstatement of the
petitioners and others. Thereafter, the respondent no.1
issued letter dated 16.02.2022. The petitioners and other
students vide their letters dated 23.02.2022 and
24.02.2022 requested the respondent no.1 to allow them to
continue with classes without a year gap which was
responded to by respondent no.1 vide their letter dated
23.03.2022.
5. On 21.07.2022 the petitioners wrote to the respondent
no.1 complaining about their examination details not been
registered in the 6th semester while filling up the online
examination form. On 27.07.2022 the respondent no.1
wrote to the respondent no.2 making interim arrangement
for examination of the petitioners for even semester 2022.
On 29.11.2022 the petitioners approached the respondent
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
no.1 requesting them to be allowed to sit for the end term
examination of the 5th semester as a backlog.
6. On perusal of the pleadings in the present
proceedings it is quite evident that the controversy of the
present dispute lies in a narrow compass. Admittedly, when
the petitioners were expelled on 19.02.2021 they were
attending the 3rd semester. When they rejoined after their
expulsion was set aside on 14.12.2021 the 5th semester
was on. Evidently part of the 3rd semester, the entire 4th
semester and part of the 5th semester could not be attended
by the petitioners solely on account of their expulsion
which was found to be illegal by this court.
7. It transpires that on 22.12.2021 the respondent no.2
sent a query to the respondent no.1 about the petitioner's
status. In that communication the respondent no.2
informed the respondent no.1 about the expulsion of the
students as well as the judgment of this court setting aside
the expulsion. A copy of the judgment was also enclosed.
The respondent no.2 asked the respondent no.1 what were
the various procedural formalities which were needed for
the students to be reinstated in view of the fact that the
students had already been deregistered from the university.
In response the respondent no.1 clarified to the respondent
no.2 on 11.01.2022 stating that although a student may be
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
expelled by a college for various reasons their registration
with the university continues till the students withdraws
migration certificate from the university. Respondent no.1
also clarified that the four students including the
petitioners were registered students of the respondent no.1
even though they were expelled by the respondent no.2.
They further clarified that under clause 2B (h) and (i) of the
Regulations on Conduct of Examination (the Regulation)
notified on 09.10.2017, the undergraduate students may
continue "in the relevant semester" and may have the
option to clear the back papers of the missed semester
within the maximum permissible ten semesters.
8. On 09.02.2022 the respondent no.2 seem to have
taken undertakings from the petitioners that they would
abide by the rules and regulations prescribed by the
respondents. On 10.02.2022 thereafter, the respondent
no.2 informed the respondent no.1 that they had reinstated
the four students including the petitioners pursuant to the
judgment of this court. On 16.02.2022 the respondent no.1
wrote to the respondent no.2 making certain clarification
with regard to the petitioners. It was stated that as per
Regulation, subject to the consent of the head of the
institution, student may be allowed readmission from 4th
semester from even semester 2022 and appear for backlog
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
papers if any, from the ongoing odd semester 2021-2022. It
further clarified that in order to be declared qualified for a
degree, the student has to clear all papers within the
maximum number of semester permissible as per
Regulation. On 24.02.2022 the petitioners wrote to the
respondent no.1 requesting them to allow them to continue
their classes without a year gap. The respondent no.1
replied to the petitioners letter vide the letter dated
23.03.2022 stating that they had examined their request
and their communication dated 16.02.2022 to the
respondent no.2 continue to remain valid.
9. The Regulations provides under the head "Assessment
Procedures; Sessional Test and End Semester
Examinations" various procedures to be followed. Attention
was drawn by the learned Senior Counsel appearing for
respondent no.1 to Regulation 2B (b), (c) and (h).
10. Regulation 2B (b) provides that ordinarily any student
admitted to the privileges of the university who has duly
applied for permission to sit in his /her end semester
examination shall be treated as eligible to sit for the
examination subject to the conditions that the student
concerned has paid the prescribed fee and has, on
aggregate, attended at least 75% of the total lectures
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
delivered during the entire tenure of the semester he/she is
enrolled in.
11. Regulation 2B (c) provides that in the event of a
student failing to obtain the stipulated 75% attendance, he,
she may apply through his/her head of the department to
the concerned Dean or to the Principal of the college
wherein the student is enrolled seeking partial relaxation of
the applicable attendance norm. Subject to the condition
that the concerned Authority is convinced of the
genuineness of the case he/she may grant relaxation in
attendance to the tune of a maximum of 5% and provided
that the relaxation thus granted makes up for the
stipulated attendance norm, the student concerned may be
allowed to sit for examination. In case, the relaxation thus
accorded is not sufficient to make the student eligible to sit
for examination, the student shall have to repeat the
papers in which he /she has insufficient attendance in the
next relevant semester.
12. Regulation 2B (d) provides that all regular students
shall be subjected to the process of continuous evaluation
accordingly, as student is required to attend and duly clear
two sessional tests and one end semester examination by
the close of each semester. The Regulation also provides for
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
the structure of these sessional test and end semester
examination.
13. Regulation 2B (h) provides that ordinarily, a student
shall not be detained in any semester even if the student
attends less than 75% of the classes held in that particular
semester and/or fails in the end semester examination
subject to the condition that the student has to clear all
papers within the stipulated number of semesters as is
fixed by the University failing which the student would be
declared failed and has to restart from the first semester of
the course in case still willing to pursue study.
14. During the pendency of the present proceedings
before this court the petitioners made a grievance that
although pursuant to the judgment dated 14.12.2021 they
had attended the 5th semester from 10.02.2022 till
28.02.2022 and also appeared for the sessional
examination, admit card for appearing in the end term
examination of the 5th semester was not issued to them.
Considering the grievance and to ensure that the
petitioners who were students do not miss out attending
lectures an interim direction was passed directing the
respondent no.2 to permit the petitioners to attend classes
for the current session. It was also clarified that should the
concerned authority seek variation of the order they were
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
free to make an appropriate application before this court.
Admittedly, no such application was preferred.
15. Similarly on 14.12.2022 the learned Senior Counsel
appearing for the respondent no.1 submitted that the 5th
semester examination is scheduled to be held on
13.03.2023. It was also pointed out that by the Order dated
07.06.2022 this court had directed the respondent no.2 to
permit the petitioners to attend classes for the current
session of his batch. It was also stated that pursuant to the
interim direction the petitioners had attended the classes
for two weeks of the 5th semester and thereafter, they have
been attending the further semesters. In view of the
submissions made by the parties this court deemed it fit to
direct that the petitioner may be permitted to sit for the 5th
semester examination scheduled to be held on 13.03.2023
subject to the outcome of the writ petition.
16. The learned Counsel for the parties clarified that, the
petitioners have in terms of Regulations 2B (d) of the
Regulation appeared for the sessional tests as well as the
end semester examination. The learned Senior Counsel for
the respondent no.1 however, submits that as the
petitioners have not fulfilled the requirement of Regulation
2B (c) they could not be awarded a degree in spite of the
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
fact that they have appeared for the end semester
examination and as such their results are being withheld.
17. Attention is also drawn to clause 5.8 of the Minimum
Standards of Instruction for the Grant of the First Degree
through Formal Education Regulations, 2003 (UGC
Regulation) of the University Grant Commission (UGC)
which is applicable to all universities and Institutions as
provided therein. Regulation 5.8 provides "the Minimum
number of lectures, tutorials, seminars and practicals which
a student shall be required to attend for eligibility to appear
at the examination shall be prescribed by the university
which ordinarily shall be not less than 75% of the total
number of lectures, tutorials, seminars, practicals, and any
other prescribed requirements".
18. The situation in the present case however is unique.
Admittedly, the petitioners missed out the entire 4th
semester because of them being expelled by the respondent
no.2 and by the time the expulsion orders were set aside
they had missed out in their education for the entire 4 th
semester. The correspondences discussed above reflects
that at the first instance the respondent no.2 seem to have
misunderstood the communication of the respondent no.1
in which the respondent no.1 had advised the respondent
no.2 to permit the students to continue "in the relevant
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
semester" to mean the 5th semester and not the 4th
semester. Pursuant to such interpretation the respondent
no.2 permitted the petitioners to attend the 5th semester.
However, it was only on 16.02.2022 that the respondent
no.1 clarified as per the Regulation the petitioners may be
allowed readmission from the 4th semester from even
semester 2022 and appear for backlog papers if any, from
the ongoing odd semester 2021-2022. Although the
petitioners approached the respondent no.1 on 24.02.2022
requesting them to continue their classes without a year
gap the respondent no.1 responded to it only by reiterating
their stand taken on 16.02.2022.
19. The learned Senior Counsel for the respondent no.1
submits that it is because of the fact that the petitioners
have not attended the 4th semester they could not fulfill the
requirement of 75% of attendance as per the Regulations.
There is no document placed on record by the respondent
no.1 taking any informed decision on the situation. The
learned Senior Counsel also informs that in view of the
UGC Regulation 5.8 and 8.1 the respondent no.1 has not
yet declared the result of the 4th 5th and 6th semesters
examinations conducted by the respondent no.1 in which
the petitioners have appeared. On a query made by this
court the learned counsel for the parties states that the 5 th
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
semester examination was held between 30.03.2022 to
12.04.2022 and the 4th semester and the 6th semester's
examinations were held between 01.08.2022 to 17.08.2022.
It is noticed that although these examinations were held in
the year 2022 there is nothing on the record from the
respondent no.1 as to why they have not declared the
result of the petitioners as yet. The learned Senior Counsel
for the respondent no.1 submits that since the matter was
pending before this court no decision was taken.
20. This court is of the considered view that decision with
regard to the academics of a University is best left to the
experts. The respondent no.1 is tasked to ensure quality
education. They are also experts in understanding the need
and welfare of their students. The only issue raised
repeatedly during the hearing is the lack of attendance of
the petitioners as they failed to attend the lectures during
the entire 4th semester which was held during the period of
their expulsion. As the respondent no.1 has withheld the
result of the examination of the 4th 5th and 6th semester of
the petitioners without any decision which would reflect
their application of mind, the respondent no.1 is directed to
take an informed decision in writing considering the
applicable Regulations as well as the peculiar situation the
petitioners are faced with of not attending the lectures of
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
the 4th semester due to their expulsion which was later on
set aside by this court. Apparently, there was little the
petitioners could do or under their control to attend
lectures during the period of their expulsion. The decision
shall be taken on time so as to ensure that there is no
impediment to the petitioners in pursuing their further
studies, which they desire to do, subject however, to them
being successful in the examinations. It is submitted by the
learned counsel for the petitioners that for the purpose of
further studies they are required to sit for Common
University Entrance Test (CUET) and the last date
prescribed in the portal for enrolling themselves for CUET
Post Graduate (P.G.) 2023 is 05.05.2023. This fact is also
confirmed by the learned counsel for the respondents. The
respondent no.1 is therefore, directed to ensure that the
decision is taken by today or at least before noon tomorrow
and communicated to the petitioners to enable them to get
adequate time to enroll themselves for CUET PG in case
they are declared successful.
W.P. (C) No. 22 of 2022
Pravin Sharma vs. Sikkim University & Ors.
With
W.P. (C) No. 23 of 2022
Praveen Basnet vs. Sikkim University & Ors.
21. The writ petitions are disposed of accordingly. No
order as to costs. The copy of the order shall be made
available to the parties by today.
( Bhaskar Raj Pradhan )
Judge
Approved for reporting : Yes
Internet : Yes
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