Chinmay Naik appeals court’s decision to throw out uni case
A student who lost a Supreme Court bid to sue his university over a failed dog assignment has taken a swipe at the judge as he appeals her decision.
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A student who lost a Supreme Court bid to sue his university over a failed dog assignment has taken a swipe at the judge as he appeals her decision.
Chinmay Naik claims Justice Melinda Richards “failed to do justice” when she rejected his case against Monash University in October.
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Chinmay Naik speaks to media outside court in September. Picture: AAP Image/James Ross
The Masters of Journalism student went to the state’s highest court to try and get a fail grade thrown out for his video assignment about negative stereotypes of different breeds of dog.
By appealing, Mr Naik has rejected the advice of Justice Richards, who urged him to “move on” in October.
Instead, he has moved to dismiss her decision on the grounds of “real prospect of success”.
In documents submitted to the Supreme Court of Appeal, Mr Naik accused Justice Richards of siding with Monash University, of failing to acknowledge potential discrimination, his anxiety condition and his lack of legal representation.
He stated “free legal firms denied to support him” and he had to study case law and represent himself, meaning he had to “devote extra time away from his coursework while ensuring that he did not fail any more academic units to maintain his enrolment at Monash University”.
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Mr Naik submitted that he “has shown a reasonable approach towards resolving the dispute” rather than “launching a full blown attack at the university”.
He was “forced into” litigation because of the “university’s reluctance to give him any reasonable remedy”, his appeal bid stated.
The international student either wants the court to set aside his fail grade of 12 out of 100, give him a chance to redo the project or approve his request for an extension of time to start the judicial review.
The appeal bid is the latest in Mr Naik’s 18-month fight over his assignment, for which he was given a 19-day extension due to anxiety.
It was also double marked by an undisclosed person and awarded a slightly higher fail.
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The Oakleigh South man claimed he “deserved yet (was) denied a right” to an independent mark, suggesting the assignment was double marked by the same person.
He said giving the university the chance to remark his work — which he has removed online — was “by no means the correct remedy” as his assignment was “not a complete product” and “was forcefully submitted”.
Mr Naik’s reasons for appealing were to “empower all students”, to ensure tertiary providers were “subject to public scrutiny” and to “correct the defamation of the plaintiff’s character and public image”.
A separate hearing before the Victorian Civil and Administrative Tribunal this month has been put on hold because of the appeal attempt.
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