In a significant judgment delivered on July 22, 2024, the Delhi High Court emphasized the crucial role of educational institutions in shaping the future of the nation, describing them as pillars of democracy rather than mere factories producing degree holders. The ruling came in the case of Ritesh Kumar v. Jawaharlal Nehru University (W.P.(C) 9065/2018), where Justice Swarana Kanta Sharma dismissed a petition challenging the university’s decision to deny de-registration from a Ph.D. program.
Background:
Ritesh Kumar, the petitioner, enrolled in a Ph.D. program at Jawaharlal Nehru University (JNU) on July 22, 2015. In November 2016, before completing the mandatory two-year residency period, Kumar secured employment as an Assistant Scientist (Forestry) at the Haryana Space Applications Centre and subsequently applied for de-registration from the Ph.D. program.
Legal Issues:
The primary issues before the court were:
1. Whether the Academic Council’s decision to deny de-registration lacked cogent reasons.
2. Whether the court should interfere with the decision of the Academic Council.
3. The impact of court decisions on academic discipline in universities.
Court’s Decision:
Justice Sharma upheld the Academic Council’s decision, ruling that the petitioner had violated mandatory clauses of the university’s ordinance by not completing the residency period and taking up employment outside Delhi. The court emphasized that academic pursuits cannot be without academic discipline and that rules and regulations are not mere technicalities but essential aspects of maintaining standards in higher education.
Key Observations:
The court made several noteworthy observations:
1. On the role of educational institutions:
“Educational institutions are definitely a strong pillar of not only democracy, but the entire country as the country’s future depends on the students who are its citizens.”
2. On academic discipline:
“Academic pursuits cannot be sans academic discipline. When a person enrolls in a particular course of study, he also commits to adhering to the established discipline, which is essential for pursuing such studies.”
3. On higher education responsibilities:
“Higher studies : Higher responsibility : Higher academic standard”
4. On judicial interference in academic matters:
“The Courts cannot ignore the aforesaid aspects while passing orders, as a misplaced sympathetic order in one case may go a long way in disturbing academic discipline of a university, and many more cases of non-compliances and violations of mandatory rules and regulations by students may affect the institution as a whole.”
The court also noted that while empathy is important, it cannot overshadow academic discipline and policy. Justice Sharma stated, “Allowing exceptions in the absence of genuinely exceptional circumstances would undermine the standards set forth by a university, and encourage non-compliance of the mandatory rules and regulations.”
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Parties and Representatives:
– Petitioner: Sh. Ritesh Kumar, represented by Mr. Amit Kumar, Advocate
– Respondent: Jawaharlal Nehru University, represented by Ms. Monika Arora, CGSC with Mr. Subhrodeep Saha, Advocate
