Rekha Palli JUDGMENT
Rekha Palli, J.
1. The Petitioner, a physically-disabled student enrolled in M.Sc. Mathematics in Respondent No. 1- Indian Institute of Technology, Delhi in academic year 2017-18, being aggrieved by order dated 09.01.2018 issued by Respondent No. 1-Institute whereby his name has been struck-off from the student rolls of Respondent No. 1-Institute immediately after the end of first semester of academic session 2017-18, has approached this court vide the present Writ Petition under Article 226 of the constitution, seeking of order dated 09.01.2018 and a direction to the Respondent No. 1 University to reinstate him as a regular student and allow him to continue his second semester in the said course.
2. The facts relevant for the adjudication of the present petition are that the Petitioner, who suffers from 50% locomotor disability, had secured admission in M.Sc. Mathematics in the Respondent-Institute under the reserved category of PWD (Persons with Disabilities) for the academic year 2017-18 through a common entrance test i.e. Joint Admission Test for M.Sc. Mathematics conducted by the Respondent-Institute. In the Joint Admission Test, the Petitioner secured 23.43 out of the allotted total of 100 marks clearing the minimum cut-off of 9.76 declared by the Respondent-Institute for the Differently Abled Category and also secured an All India Rank of 1647. Upon enrolment in M.Sc. Mathematics, the petitioner started attending the classes of the first semester from 24.07.2017 and appeared in the examinations of the first semester that were held from 18.11.2017 to 23.11.2017, the result whereof was declared on 09.01.2018 wherein not only was the Petitioner declared as 'failed' as he secured an SGPA of only 2.75 against the requirement of 4.00 SGPA but his name was also struck-off from the Institute Rolls with effect from the end of the 1st Semester of the Academic year 2017-18 on account of his poor performance in the course. As per the result, the grades obtained by the petitioner are:-
3. The Petitioner claims that while he had been permitted to re- appear in the paper of 'Linear Algebra' in which he had secured an 'E' Grade he was not permitted to re-appear in the paper of 'Algebra' as he had secured a 'F' grade in the subject. Vide the impugned order dated 09.01.2018, his name has been suddenly struck off from the rolls of the Institute without even giving him an opportunity to show cause as to why he had not able to secure the requisite minimum score of 4.00 SGPA. Immediately upon learning about the striking off his name, the petitioner submitted a representation dated 09.01.2018 to the Dean (Academic) of the Respondent-Institute, requesting for restoration of his enrolment wherein he pointed out that while undergoing the course in the Institute, he had faced difficulty in following the lectures which were only in the English language. He stated that he had received most of his education in Hindi medium institutions and besides suffering from 50% locomotor disability, he also came from a very humble background having lost his father at a very young age. In his representation, the petitioner had further explained that despite the mandate of The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, the Respondent-Institute did not provide any facility like the Equal Opportunity Cell which would have allowed him to seek redressal for his issues or complaints. Having received no reply to his representation from the Respondent-Institute, the petitioner has preferred the present petition.
4. Arguing for the Petitioner, Mr. Rashid Azam, submits that the Respondents have struck off the name of the Petitioner from their rolls without giving him any opportunity to clear the ........