Cancellation Of Provisional Admission Of Research Scholars In NIT Jalandhar Due To COVID: HC Seeks Explanation Of Director/Registrar

In a plea challenging the cancelation of the provisional admission granted to some research scholars in the Ph. D. Program at Dr. B. R. Ambedkar National Institute of Technology Jalandhar on account of the third wave of the Covid-19 Pandemic, the Punjab and Haryana High Court has sought the explanation of the Institute's director/registrar.

Hearing the matter on September 27, the bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli was apprised by the counsel for the NIT that since the issues raised by the petitioners deal with the regulations and admission, etc. therefore, the same can only be clarified by the officers of the authority.

In view of this, the Court adjourned the matter to November 11, 2022, so as to enable the Director/Registrar of the Institute to come to the Court along with the record to explain the aforesaid aspect on the next date of hearing.

Essentially, provisional admission letters were issued on September 28, 2020, to the successful candidates including the Petitioners by the NIT for admission into Ph.D. Program (Full time and Part time) in various streams for the Academic Year 2020-2021. The successful candidates including the petitioners deposited their Fees.

On October 3, 2020, the Respondent Institute issued a notice informing the successful selected candidates that the joining will take place in the month of January - February 2021, onwards. Further, on December 30, 2020, another notice was issued expressing its inability to commence Ph.D. Program (Full time) on account of the outbreak of the covid - 19 pandemic.

However, on May 21, 2021, the Institute informed the candidates selected for the Ph.D. Program (Full time) [including the petitioners] for the Academic year 2020 -2021 (Session July - 2020) hat due to the outbreak of the Covid - 19 pandemic and as per the government guidelines, it is not possible for opening NIT for its students. The Institute further advised the Research Scholar including the Petitioners to join some other institute. Finally, on June 22, 2021 the admissions were canceled.

Now, the greivance of the petitioners is that the NIT invited fresh applications for Ph.D. (Full time and Part Time) Programme for the academic sessions 2022-23 and the last date for submission of application forms is 03.01.2022. Challenging the same and cancellation of their admission, the petitioners moved to the High Court.

It is their case that the requirement to qualify for the Graduate Aptitude Test in Engineering GATE is valid for a specified period from the date of announcement and, therefore, by issuing a fresh advertisement, the petitioners were prejudiced.

Even otherwise, it has been contended by the petitioners that there should have been some protection awarded to the candidates who had already taken admission after applying and having been duly selected.

Appearance

For petitioner: Advocate Mobashshir Sarwar

For respondents No.1 to 3: Advocate Vivek Singla

For respondent No.4-UOI: Advocate Anil Chawla, Sr. Panel Counsel,

Case title - NIPUN SHARMA AND OTHERS v. B.R. AMBEDKAR NATIONAL INSTITUTE OF TECHNOLOGY JALANDHAR AND OTHERS

Click Here To Read/Download Order