Nitin Jain vs National Law Institute University Bhopal M.P.

The petitioners are students who are pursuing the course B.A. (LLB) (Hons.) from the National Law Institute University, Bhopal.

It is their grievance that in one of the subject, namely Law of Industrial and Intellectual Property Rights pertaining to IInd Semester both the petitioners have been consistently failed in more that 1 + 3 attempts. Ventilating the grievance that due to institutional bias the petitioners are being deliberately failed in the subjects in question and seeking a direction for revaluation of the answer sheets in the subjects in question by an independent authority, this writ petition is filed.

On notice being issued, Shri Sankalp Kochar appears for the University and brings to the notice of this Court the regulations relating to various courses formulated by the academic council and by referring to Clause 8 thereof pointed out that a separate procedure for redressal of the grievance pertaining to marks received in an examination, is stipulated in this regulation and the same reads as under:-

Examination Grievance:

8.1 If a candidate is dissatisfied with the award he has received at a writing examination, he may represent, his case in writing to the Ethics Committee.

8.2 The Ethics Committee will consist of three teachers of the University nominated by the Director.

8.3 The Ethics Committee shall examine the representation. The Committee, after giving due opportunity to the concerned student(s) and the teacher teaching the course and the Examiner, shall report their findings to the Director and whose decision in the matter shall be final.

Shri Kochar therefore submits that without approaching the Ethics Committee for redressal of their grievance, petitioner has directly approached this Court, which is not sustainable.

Even though Shri Manoj Sharma tried to refute the aforesaid contention, but considering the fact that the University itself has laid down a in house grievance redressal system, we deem it appropriate to direct the petitioner to resort to the said procedure at the first instance before approaching this Court.

Accordingly, it is directed that in case petitioners submit a detailed complaint/representation before the competent authority within a period of one week from today, the matter shall be referred to the Ethics Committee as provided under clause 8 of the regulation and the Ethics Committee is expected to proceed in matter in accordance with law and to submit its report to the Director within a period of 45 days from the date of receipt of copy of the complaint and a final decision in the matter shall be communicated to the petitioners after a decision is taken by the Director, within a period of one week thereof.

With the aforesaid, this petition stands disposed of. Needless to emphasize that if still aggrieved petitioners shall be at liberty to re-agitate the matter, in accordance with law.

With the aforesaid, this petition is disposed of.

C.C., as per rules.