Gauhati HC
Gauhati High Court. Image credit - ghconline.gov.in

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.

The one-man bench of Justice Achintya Malla Bujor Barua made this judgement after hearing a plea of an IIT Guwahati student, belonging to a Scheduled Caste community, who got terminated because of his failure to show any improvement in his academic performance.

The student – Amit Kumar Khoiwal – hails from Rajasthan and was pursuing Engineering course.

A report published on Saturday by LiveLaw.in stated the High Court observed that students from the backward communities should be given special care so that they can overcome their inherent deficiencies and are able to compete at par with others.

According to the report, 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 IIT Delhi case, the SC had allowed some students to continue their studies.

The HC 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.

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 at least 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 as to enable him to perform better.

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