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Change Of Educational Stream Stands Rejected

In present India, academic, education, career, and profession had always a dominant factor in the minds of young scholars and academicians. Students often stay bewildered regarding their educational course or subject even after choosing one. Therefore the Karnataka High Court in the case of Mr.Arnav Singh v. Organizing Chairman Jee (Advanced), 2019 & Ors. (Writ Petition No. 9543\2020 EDN-RES), the Hon'ble Court held that:
this writ petition being devoid of merits is liable to be rejected and accordingly it is. However, this rejection shall not come in the way of answering respondents otherwise considering petitioner's request for change of branch, if there is any alteration in the circumstances favouring him.

The facts of the case initiate when the Petitioner who was an IIT student of Engineering ( Physics stream) approaches the apex court, seeking direction to the respondent to allow him to change the Branch/ Academic stream of his choice….

On hearing the learned counsel from both the sides, the court declined to interfere in the aforesaid matter, for the following reasons. Firstly, there was no change in his rank, as the petitioner's claim for an award of 5 marks was been declined by the respondent, thus his rank had remained intact.

The claim of students for a change of discipline is being governed by clause 4.9 of:
Courses of Study 2019-2020. It states that:
(c) Change of the branch will be permitted strictly in the order of merit, in each category, as determined by CGPA at the end of the first year, subject to the limitation that the actual number of students in the third semester in the branch to which transfer is to be made should not exceed its sanctioned strength by more than 15% and the strength of the branch from which transfer is being sought does not fall below 85% of its sanctioned strength.

Thus the petitioner doesn't stand fit and proper to the stated clause. An affidavit furnishing the mandated details in the form of an affidavit dated 24.11.2020 was directed by this Court vide order dated 06.11.2020 and accordingly the responding respondent filed an affidavit stating clearly that the above-mentioned subject-matter standard has been in force since the academic year 2014-15; while 15 students have been permitted to change the branch so far, in all of these cases.

A table containing the minimum material data of these 15 candidates has also been produced by the institution; Annex-B to the affidavit also states; Change of branch was permitted only in the case where the student was otherwise qualified for admission to the branch (to which change was made at the time time of entry to IIT Delhi according to his/her JEE (Advanced) rank at the time of entry to IIT Delhi.

In the statement of the learned Panel Counsel for the respondent-IIT, there is also the force that there are 5 or 6 candidates above the ranking of the petitioner and that their demand for a change of branch has not been favoured and therefore the petitioner should not attempt to march over those candidates who, while they are not before the court, are comparatively more meritorious.

Thus taking the present situation and circumstances into consideration, the Court denied a change, however, it had also agreed that if there is an alteration or modifications of situations or circumstances then the petitioner student can be helped and considered for the same.

Written By: Prime Legal Law Firm
Off Address: 39/2, 2nd floor, K G Road, Bengaluru, Karnataka-560001
Phone no: +9986386002, Email: [email protected]

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