May Be Ill-Precedent For Non-Punctual Students : Karnataka HC Dismisses NLSIU Student's Plea To Accept Submission Beyond Deadline
The Karnataka High Court has dismissed a petition filed by a student of the National Law School of India University, (NLSIU) seeking directions to the University to accept his project assignments beyond deadline. The student claimed he failed to submit the assignment in time due to a problem of internet facility at his home. Justice Krishna S Dixit while dismissing the petition filed...
The Karnataka High Court has dismissed a petition filed by a student of the National Law School of India University, (NLSIU) seeking directions to the University to accept his project assignments beyond deadline. The student claimed he failed to submit the assignment in time due to a problem of internet facility at his home.
Justice Krishna S Dixit while dismissing the petition filed by DIVYANSHU BADOLE who is in the 1st year of the BA., LLB., (Hons) decree course said "The matter relating to submission of project assignments in a prescribed or extended time frame and the decision for not granting any more extension have abundant elements of academic policy as expressed through the Regulations in question; in such academic matters, writ courts ordinarily do not readily interfere, subject to all just exceptions into which the case of the petitioner is not shown to fit; no extraordinary circumstances are exhibited warranting indulgence in writ Jurisdiction,"
It added that "If relief is granted to a student in the given circumstances, the same is likely to lay down an ill precedent that has abundant abuse potential at the hands of unscrupulous or non-punctual students, nearly circumstanced alike; that potential risk too restrains this Court from exercising the discretion in favour of the petitioner, whose case otherwise also, does not merit favourable consideration."
The University had said that "BA.,LL.B., (HONS) ACADEMIC & EXAMINATION REGULATIONS" govern the Under Graduate Programmes; Regulation III speaks of inter alia announcement of project topics for the Trimester, deadline for submission of the Project assignments, extension of deadline in the case of delay and the penalty for late submission. A discretion vests in the 'UGC' to grant extension for a maximum period of six days on only two specified grounds.
The university had argued "Although the proviso to this clause empowers the UGC to grant an extension of more than six days, it has to be only 'for medical reasons' as stated in so many words, therein; that being the position the non medical ground namely, the alleged problem of internet facility during the COVID-19 pandemic at the place of the petitioner, does not entitle him to seek shelter under the shadow of this proviso."
Further it was also stated by the University that petitioner having not produced even an iota of material in support thereof; even the date which he mentions as the commencement of quarantine period, he having allegedly come in contact with a COVID infect/suspect, too will not come to his aid, since till then he had abundant time at his disposal for accomplishing the task at hands.
The court concluded by saying "There is no scope for the apprehension that petitioner is likely to be otherwise prejudiced because of this legal battle in which victory eluded him, law being loaded against."
Case Details
Cause Title: DIVYANSHU BADOLE v. THE NATIONAL LAW SCHOOL OF INDIA UNIVERSITY.
Case No: WRIT PETITION NO.10571 OF 2020
Date of Order: 7TH DAY OF OCTOBER, 2020
Coram: Justice Krishna S Dixit.
Appearance: Advocate VEDANTH CHUGH, ADVOCATE FOR
PRADEEP NAYAK,
Advocate ADITYA NARAYAN, ADVOCATE FOR C/R1.
[Read Order]