Give Special Care And Attention To Students From Backward Communities In IITs: Gauhati HC [Read Judgment]

“We are of the view that students like that of the petitioner, if so requires, are required to be given some special care and attention in the institute so that they are able to overcome their inherent deficiencies and are able to compete at par with others.”

The Gauhati High Court has observed that students from backward communities are required to be given some special care and attention in higher education institutes, especially in IITs, so that they are able to overcome their inherent deficiencies and are able to compete at par with others.

Justice Achintya Malla Bujor Barua observed thus while considering a plea of an IIT-Gauhati Student who belonged to a Scheduled Caste Community in Rajasthan who got terminated because he failed to show any improvement in his academic performance. Amit Kumar Khoiwal was pursuing Engineering Course.

Relying on a Supreme Court judgment in Avinash Singh Bagri vs. Registrar. IIT Delhi, Amit approached the high court challenging the decision of Senate of IIT Guwahati terminating him from the institute. In the said case, the apex court had allowed some students to continue their studies. Amit submitted that he is a person belonging SC community and he is similarly situated as the petitioner before the Supreme Court in the said judgment.

The court observed that, in the said judgment, a proposition was laid that a candidate from backward classes is entitled to special care and attention, more particularly in an institution of higher education like that of IIT so that they are able to overcome their inherent disadvantage to compete at that level.

“In the instant case, it is taken note of that the petitioner who is from an SC community in Rajasthan belongs to a backward community and may also have an inherent disadvantage of competing in an institute of higher education like that of IIT.. Following the proposition laid down by the Supreme Court, we are of the view that students like that of the petitioner, if so requires, are required to be given some special care and attention in the institute so that they are able to overcome their inherent deficiencies and are able to compete at par with others,” the bench said.

The court said that nothing has been brought on record to show that a special care and attention was given to Amit in spite of having fared badly in all the examinations from Semester 1 to VI. “If the petitioner had fared badly, under the proposition laid down by the Supreme Court in Avinash Singh Bagri (supra) as well as under the spirit of the Constitution of India to bring the persons from the backward community to be at par with others, there is also a duty entrusted upon the respondent IIT Guwahati for providing atleast some additional care and attention to the petitioner,” the court added.

The court was then told that Amit has been granted a further opportunity to continue with his studies in the IIT Guwahati by providing certain conditions therein that he shall undertake all the efforts required to come out successful in the course.

Recording the submission, the court allowed the writ petition and directed the IIT Guwahati to give him extra care and attention, so as to enable him to perform better.