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W.P(C).No.19716/2019-L
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advising the Universities to identify courses where credits can be transferred to the
academic record of the students for courses done on SWAYAM. It is therefore
stated that such restrictions would deprive the students of their opportunity to
have access to the SWAYAM platform. It is their further contention that access to
internet is mainly done through mobile phones due to nonavailability of wi-fi
facility in the hostel. Relying on the judgment in Bennett Coleman & Ors. v.
Union of India: AIR 1973 SC 106, it is stated that the restrictions are outside the
ambit of Article 19(2). It is stated that as per the study and survey conducted by
UNESCO, women are at a disadvantaged position in terms of internet access and
70% of the users are men. Referring to the Information Technology Policy, 2017 it
is stated that institution of learning are fundamental in developing scientific temper
and facilitating IT access.
According to the additional 7th respondent, the
restriction imposed on usage of mobile phones, just because the students are
staying in a hostel run by the college, is without any authority. It is also stated that
the confiscation of mobile phones is in violation of their right to privacy as well as
their right to property under Art.300A.
7.
Heard Sri. Lejith T. Kottakkal, the learned Counsel for the petitioner,
Sri. R.K. Muraleedharan for respondents 4 to 6, Sri. Prasant Sugathan for
additional 7th respondent, the learned Government Pleader for 1st respondent and
Sri. P.C.Sasidharan, the learned Standing Counsel for 2nd respondent and Sree. S.
Krishna Moorthy, the learned Standing Counsel for the 3rd respondent.
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