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.
End-Notes:
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