HC: Provisional admission does not guarantee confirmation
The bench said that even if the student felt that there had been a breach of promise on part of the university, it must grant precedence to the university’s ordinance.mumbai Updated: Jul 30, 2016 23:14 IST
A provisional admission to an educational institution is provisional alone. It does not entitle students to claim legal rights while seeking admission, held the Bombay high court. A bench of Justices S C Dharmadhikari and Shalini Phansalkar-Joshi were hearing a plea filed by a student at Mumbai University, whose admission was cancelled after he had already completed two of the course’s three years.
According to the plea filed by Akshay Bhatia, he gave his Higher Secondary School Certificate (HSC) examination in 2011 and cleared all his subjects, except Physics. He thus, sat for the physics exam again after two months and passed it.
Bhatia then applied to Mumbai University for a bachelors’ degree in Commerce (banking and insurance). Though he cleared all his exams for the four semesters of the course so far, when he asked for his fourth semester mark sheet, the university rejected his request.
The authorities informed him that the university had decided against confirming his provisional admission as one of its ordinances required that all students pursuing their undergraduate degrees must have passed all the papers in their HSC exams in one sitting.
Bhatia approached the HC challenging the ordinances and seeking relief on the ground that he had just one year more to go to complete his degree. He said the university should not be allowed to cancel his admissions on a technicality.
The bench said that even if the student felt that there had been a breach of promise on part of the university, it must grant precedence to the university’s ordinance. “The student was aware that his admission was provisional. He may have been allowed to complete two semesters and was enrolled in the third semester. However, he admittedly does not fulfil the criteria in the ordinance,” HC said.