Adjust the candidate denied admission for ‘late’ payment of fees: HC to IIML

The Lucknow bench of the Allahabad HC said admission cannot be denied for late receipt of fees due to technical glitch in sever

The Lucknow bench of the Allahabad high court has directed the Indian Institute of Management, Lucknow (IIML) to create a supernumerary seat for a candidate who was denied admission to the prestigious institute due to late payment of fees, which according to the court, was not the fault of the candidate.

The petitioner has been granted one week to report to the IIML. (For Representation)

The IIML was directed to create a seat for Vineet Pateer, a Scheduled Caste student, in the post graduate programme (PGP) of agri business management (ABM) course. Justice Pankaj Bhatia in his order dated July 20, 2022, said the petitioner Vineet Pateer was entitled to admission as his name was in the tenth waiting list. The last date for payment was July 4 by 1 pm. But in this case, the payment was made on July 4 at around 2:43 pm.

The court said according to the records, the delay occurred on account of technical glitch of the server that was not functioning and so the fault cannot be attributed to the petitioner. The court said this cannot be the reason for rejecting the admission of the petitioner that the deposit was made late.

The court said it was clear that once the petitioner had deposited the amount, although with a delay and the fact that the admission of the petitioner was accepted as displayed on the site, in the facts of the case, the IIML took an unduly harsh decision in denying the benefit of admission to the petitioner.

The court said the Supreme Court in the past had said that denying admission to an otherwise meritorious student only on account of internet fault would be an unduly harsh exercise against a candidate. Thus, Vineet Pateer be allowed and IIML must adjust the petitioner in the course of PGP-ABM by creating a supernumerary seat. The petitioner will be permitted to pursue his course in accordance with law.

The petitioner has been granted one week to report before the IIML. The said period is being granted only on account of the fact that at present the petitioner is at IIM Shillong and owing to floods there, he may not be able to come to Lucknow within a reasonable time.

The court said the portioner shall, in any case, report to the IIML on or before July 29. In case the petitioner does not report by July 29 at 12 noon, the benefit of this order shall not accrue in favour of the petitioner.

Meanwhile, in a statement, the IIM, Lucknow, said it is a non-discriminatory institution and respects diversity and inclusion. “Over the years, we have always been consistent in our efforts to have representation of students from marginalised backgrounds as per government of India guidelines. This reflects in our high inclusivity score in NIRF rankings. We hope to welcome the student on campus soon,” the statement said.