High court allows engg student to appear for exam
A second year engineering student received a major reprieve from the Bombay high court last week. The high court allowed the Ruark Gordon Denoronha, on the brink of losing two academic years, to pursue his studies.mumbai Updated: Apr 23, 2011 01:15 IST
A second year engineering student received a major reprieve from the Bombay high court last week. The high court allowed the Ruark Gordon Denoronha, on the brink of losing two academic years, to pursue his studies.
A division bench comprising chief justice Mohit Shah and justice DG Karnik directed the University of Mumbai to allow Denoronha to appear for second-year examination and also not to withhold his results.
Denoronha had joined Kalpataru Institute of Technology under VT University at Belgaum in Karnataka for engineering course in the electronics and telecommunications stream. Denoronha had was not eligible for admission to an engineering course in Maharashtra since he had secured less than 50% marks in the qualifying subjects — physics-chemistry-mathematics.
After completing first year at the Belgaum College, Denoronha joined second year in Watumal Institute of Electronics Engineering and Computer Technology at Worli in Mumbai. The college had granted him admission on the basis of provisional eligibility certificate issued by the University of Mumbai in July 2010.
He had also obtained No-Objection Certificate from the Directorate of Technical Education required for inter-state transfer. However, on January 31 this year, he was surprised to find a letter from the university stating he was not eligible to be admitted for second year engineering course. Denoronha was debarred from attending classes, following which he approached the high court.
Denoronha counsel’s Pooja Thorat reasoned how could the student be allowed to suffer because of delay on part of the university in deciding his eligibility plea.
Thorat pointed out that the university had issued a provisional eligibility certificate on the basis of which Denoronha was admitted in second year, and after allowing him to complete an academic year, the university realises that he is not eligible.
She also substantiated her plea with some Supreme Court judgements, which had clearly ruled that students could not be allowed to suffer even if admission is granted to them illegally, and the fact that there was no illegality or misrepresentation involved in Denoronha’s case.
Rui Rodrigues, counsel for the university, countered the petition, but admitted that there was delay in deciding his eligibility.