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Punata Hanglem v/s The National Institute of Technology, Manipur through the Director NIT, Manipur & Others

    W.P. (C) No. 85 of 2021

    Decided On, 16 February 2021

    At, High Court of Manipur

    By, THE HONOURABLE MR. JUSTICE KH. NOBIN SINGH

    For the Petitioner: Ch. Robinchandra, Advocate. For the Respondents: B.P. Sahu, Senior Advocate.



Judgment Text

[1] Heard Shri Ch. Robinchandra, leaned Advocate appearing for the petitioner and Shri B.P. Sahu, learned Senior Advocate appearing for the respondents.

[2] By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to allow her admission to 2nd Semester, M.Sc. (Chemistry) at NIT, Manipur and to allow her to complete her M.Sc. course at NIT, Manipur.

[3.1] According to the petitioner, she had appeared her B.Sc. final examination, 2020 conducted by the Manipur University and while she was awaiting the result thereof, she found a notification from the website of NIT, Manipur inviting applications from amongst the eligible candidates for admission to regular courses, sponsored and part-time seats, in M. Tech./ M.Sc. The last date of receipt of the application was 10-09-2020 while the last date for admission was 30-09-2020. She applied for admission to 1st Semester, M.Sc. (Chemistry) and after her application being accepted by the respondents, she was selected and was admitted to the 1st Semester, M.Sc. (Chemistry) on 28-09-2020. In view of the COVID-19 Pandemic, the classes were held online including the viva-voce.

[3.2] When the result of the B. Sc. final year examination, 2020 was declared on 04-11-2020, the petitioner passed it securing 57.5 % marks and the migration certificate was received by her on 11-01-2021. In the meantime, the result of the 1st Semester, M.Sc. (Chemistry) was out, she passed it and accordingly, she submitted her application for admission to 2nd Semester on payment of necessary charges.

[3.3] Since she secured less than 60% of marks in her B.Sc. final examination, on 15-01-2021 she submitted a representation to the Director, NIT requesting him that her case might be considered for allowing her to join the 2nd Semester and the same is pending for consideration by the NIT, Manipur.

[3.4] Being aggrieved by the inaction on the part of the NIT, Manipur, she approached this court by way of the instant writ petition praying for issuing a mandamus or any other appropriate writ to direct the NIT, Manipur to allow her admission to 2nd Semester, M.Sc.(Chemistry) on humanitarian grounds. On 03-02-2021 when this writ petition was listed for motion, this Court was pleased to issue notice to the respondents. However, since the notice was accepted by Shri Deepak Prasad Sahu, Advocate on behalf of the respondents, no formal notice was called for. When the matter was listed again on 10-02-2021, it was submitted by Shri B.P. Sahu, Senior Advocate appearing for the respondents that since the prayer of the petitioner was made on humanitarian grounds, there was no need of filing any counter affidavit and that this Court might pass any appropriate order for the ends of justice.

[4] It is not in dispute that the petitioner appeared in her B.Sc. final year examination, 2020 conducted by the Manipur University and the result thereof was not declared in time on account of the COVID-19 Pandemic. Keeping her career in view, she applied for admission to 1st Semester, M.Sc. (Chemistry) at NIT, Manipur and since the classes were continuing online, she completed 1st Semester. Unfortunately, she could secure only 57% marks at her B.Sc. final examination, although the minimum marks required for admission to M.Sc. Course at NIT, Manipur was 60%. When the result of the 1st Semester, M.Sc. (Chemistry) was out, she was found to have passed it. She was left with no option but to request the NIT, Manipur for allowing her to continue the M.Sc. Course at NIT, Manipur. Her case was that she secured 80% and 70% in Class X and XII Examination respectively conducted by the CBSE. She has high hopes of achieving good results in her career. According to her, the eligibility required for admission to IITs in the country through the Joint Admission Test, is 55% to be secured therein. The time for admission to M.Sc. Courses in different Universities is over and therefore, if she is denied the continuation in her M.Sc. Course at NIT, Manipur, her career is likely to be ruined. Moreover, had the result of her B.Sc. final year examination been declared in time, she could not have applied for admission to M.Sc. (Chemistry) at NIT, Manipur.

[5] In view of the above circumstances, this Court is of the view that her prayer needs to be considered on humanitarian grounds. This Court is not oblivious of the fact that the minimum marks required for admission to M.Sc. Course at NIT, Manipur is 60%. If she knew her marks of her B.Sc. final year examination well in time, she would have known that she was not eligible and she could not have applied for admission at NIT, Manipur. But due to COVID-19 Pandemic, the result of her B.Sc. final year examination was not declared in time which is beyond her control and in the meantime, she had been allowed by the NIT, Manipur to join M.Sc. Course provisionally. These circumstances appear to have happened without any deliberate act of any person or for that matter, the petitioner. In other words, nobody knew that such thing would happen in the present case. The COVID-19 Pandemic can be said to be accepted/ is being accepted by all as an exception to the normal circumstance. The NIT, Manipur has not placed on record any material to show that any person or for that matter, any student of NIT, Manipur has raised any objection to her continuation in M.Sc. Course at NIT, Manipur. The NIT, Manipur is not going to lose anything by allowing her to continue her M.Sc. Course on the basis of her performance in the 1st Semester. Moreover, her continuation in her M.Sc. (Chemistry) at NIT, Manipur may not/ is not likely

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to affect the right or interest of any person or a student at NIT, Manipur. [6] In view of the above peculiar facts and circumstances of the present case, the instant writ petition stands disposed of with the direction that the respondents and in particular, the respondent No.1, shall grant the petitioner her admission to 2nd Semester, M.Sc. (Chemistry) at the earliest possible and allow her to prosecute her further study and complete the M.Sc. Course at NIT, Manipur depending upon her performance in the class. It is, however, made clear that this judgment and order passed by this Court shall not set a precedent in future.
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