Avinash Singh Bagri & Ors vs Registrar Iit Delhi & Anr

3) The above-said petitioners belong to reserved categories (SC/ST/OBC). They were the students of IIT-Delhi and pursuing the B.Tech. Course. They got admission in IIT Delhi through All India Joint Entrance Test in the year 2004-2005. These petitioners have been expelled from the B.Tech Course as they could not make the required average credits in their second year.

4) It is the case of the petitioners that in spite of providing reservation in higher education like Medical and Engineering streams, no coaching or any other facilities are provided to SC/ST/OBC candidates to enable them to compete with other general category students, as a result of which, more than 90% SC/ST/OBC students are dropped out from these higher courses in first year or second year. As a result of which the reserved seats in higher courses are lying vacant and unfilled. In the year 2008, about 85% reserved seats remained unfilled in IITs. For the last ten years, in the Courses at IITs, about 90% SC/ST/OBC students are either dropped out or were declared fail in the first year or in the second year. The reservation made by the Central Government/State Governments becomes redundant as no infrastructure is provided to SC/ST/OBC candidates to enable them to acquire bench marks. The duration of B.Tech Course is 4-5 years which is divided into 8/10 semesters depending upon the stream. The said durations are extendable for a further period of two more years to enable the students to pass out the course.

7) In all the IITs except Delhi, the students are allowed to take up summer courses/examinations for making up any shortfall in their average credits. However, in IIT-Delhi, students of second year who fail to make up the required average credits, are not allowed to take up summer courses/examinations and they are expelled. As per the guidelines of IIT-Delhi, minimum 75% attendance is required for each subject and if a student fails to make 75% attendance in a subject, he is not allowed to take up examination in that subject.

Such students in other IITs are being properly advised by the Standing Review Committee (SRC) constituted by the concerned IITs.

20) Mr. Garg next pointed out that in all IIT's except Delhi, the students are allowed to take up summer course/examinations for making up for shortfall in their average credits. In IIT-Delhi, students of the second year who fail to make up the required average credits are not allowed to take up summer course/examinations and they are being expelled. It is the grievance of the petitioners that though by our order dated 05.01.2009, we directed the first respondent-Registrar, IIT-Delhi to allow the petitioners to attend classes for the session 2008-09 subject to further orders of this court and payment of fees, if any. It is pointed out that, these petitioners were not allowed to take up the summer course. It is not in dispute that first of all, these petitioners were not permitted to attend the summer course and secondly, by attending the summer course, each student gets 12 grades. Though IIT-Delhi has permitted these petitioners to attend their classes for the session 2008-09, they were not allowed to avail the summer course which deprived them in getting 12 grades. Had these petitioners been allowed to participate in the summer course, it could be possible for them to secure reasonable grades which ultimately could push their performance above the cut-off marks. There is no plausible explanation for not permitting them to avail the summer course.

The above particulars are not a valid ground to accept the claim of the petitioners, however, the fact remains that only at IIT-Delhi, 20 students were expelled in the year 2008, though similar syllabus are being followed in other IITs, the expulsion is minimal.

Though these two students earned credits less than the required, their appeals were allowed by the competent authority. This shows that they are not consistent with these procedures and in certain circumstances these conditions are being varied and the students who secured less than the minimum required credits are allowed to continue their studies.

25) We have mentioned certain instances to show that these petitioners were not fully responsible for their expulsion but at the same time we are conscious of the fact that IIT-Delhi in order to maintain and continue their high standards of education, implemented certain aspects which were helpful to the petitioners. But the fact remains that in spite of such efforts, unfortunately, these petitioners were not able to secure the minimum grades.

27) Considering the various aspects including the fact that (a) appeal provision is available from third year and no such facility for the first and second year; (b) duration of study is now extended by spreading over up to eight years; (c) absence of slow paced course; (d) failure to accommodate these petitioners in the summer course in spite of order of this Court; (e) even candidates who secured lesser grade than the minimum were allowed to go to next academic session by allowing their appeals (authorities are not consistent in considering similarly placed candidates); (f) out of nine students as on date three were not interested and six persons alone want to continue their course, we are of the view that ends of justice would be fully met by giving one more opportunity to them. Accordingly, we direct the first respondent to consider their case afresh in the light of the various aspects mentioned above and in view of the peculiar facts, re-apprise their performance taking note of special features available/applicable to these reserved categories and take a decision one way or the other within a period of four weeks from the date of receipt of copy of this judgment. We make it clear that the first respondent IIT-Delhi is free to pass appropriate orders by considering all the aspects mentioned above including the policy of the Government of India in providing reservation to bring them in the mainstream along with others.

28) With the above direction, both the writ petitions are disposed of. In view of the disposal of the writ petitions, no orders are required in I.A. No. 4 of 2009 and Contempt Petition (C) No. 145 of 2009. No costs.

......................................CJI.

AUGUST 12, 2009.