Pune Mirror: Pune: Monday,
March 11, 2013.
 |
| Darshan Upase |
A Right to
Information (RTI) application filed by a citybased architecture student has
unearthed that over 175 students have either cleared the Bachelor of
Architecture (B.Arch) course or are in the process of doing so despite not
meeting the course deadline.
After the
Bombay High Court (HC) stated that such attempts are in violation of the Council
of Architecture Regulations 1983, the Mumbai University hasn’t allowed such
students to sit for their final exams. The other universities haven’t taken a
decision yet.
The
University of Pune (UoP) rejected Darshan Upase’s final year exam form, which was
submitted through Marathwada Mitramandal College of Architecture in 2012,
stating that he did not qualify to appear for the examination as per Rule 5.3
of the ATKT rules. The rules state that the student seeking admission to final
year B.Arch must clear third year B. Arch.
After Upase
approached the HC, the order by a bench comprising justices S S Shinde and A M
Khanvilkar stated: “Admittedly, the petitioner took admission to the fifth year
in June 2011. Since the petitioner had not passed the third year B. Arch
examination, which he did only in October 2011, he could not have taken
admission to the fifth year according to Rule 5.3.”
The court
also stated: “It is possible to contend that Upase can take admission to the
fifth year after having passed his third year in October 2011, but then the
Architecture Regulations state that the first stage should be cleared within
five years of admission to the course. But the petitioner failed to clear the
first stage within the stipulated time.”
The court referred
to the university circular of amended Rule 5.3 of ATKT dated March 22, 2011,
which allow students to take admission for the fifth year despite failing in
any number of subjects in the fourth-year exam. But this circular states that
the new rule will be applicable to the course of 2008 pattern.
The
petitioner, admitted to the 2003 pattern, cannot avail this concession. As per
the rules, the petitioner could not have kept term for the fifth course in June
2011, and the college should not have permitted him to take admission for the
said course.”
Upase then
approached architecture colleges affiliated to the University of Pune and
Mumbai University and sought information on whether students in a similar
situation are being allowed to sit for final-year exams using the Right to
Information (RTI) Act, 2005. His query revealed that 175 such students had
either completed their courses or are in the process of doing so despite not
having cleared the first stage within the stipulated five years.
Upase
approached the court with a review petition, which was dismissed on similar
grounds. He is now planning to approach the Supreme Court. Upase said, “Going
by the Act and court order, no student should be eligible to continue the
course if he/she fails to clear the first stage within five years. But my RTI plea
revealed that hundreds of students from various colleges are pursuing B.Arch
despite not clearing their first stage in stipulated time.
The rules
should be the same for all. So I’m asking UoP why they have permitted over 100
students to pursue their course illegally.” Advocate Yuvaraj Narawadekar,
Upase’s counsel, said, “All students caught in a similar situation should be
given a chance to pursue their studies.
The Council
of Architecture Regulations 1983 and the ATKT rules contradict each other. Colleges
detain students in the first year for many years and so they are not able to
complete the course in the specified time limit.
There must be
some clarity in the rules.” Despite repeated attempts, Sampada Joshi, the
Controller of Exams of UoP was not available for comment.
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