E-Paper
HC imposes cost of ₹50K on AU for wrongly denying admission to a student
The petitioner Ajay Singh had cleared the entrance examination for the second post graduate course pertaining to MA in women’s studies for the academic session 2022-2023. However, the AU administration rejected his candidature on the ground that he did not fulfill the criteria laid down by the university on June 25, 2022, which was notified on July 29, 2022.
Prayagraj: The Allahabad high court has imposed a cost of ₹50,000 on Allahabad University (AU) administration for not permitting a student to join MA course despite clearing the entrance examination. The court directed that the amount would be paid to the petitioner student Ajay Singh by the AU administration.
Disposing of a writ petition filed by Ajay Singh, justice Ashutosh Srivastava observed, “The Allahabad University proceeded to change the rules of eligibility after the selection process had already commenced. The amended criteria could not be applied to the case of the petitioner to non suit him. The action of the university being contrary to law is liable to be set aside and is accordingly set aside”.
The petitioner Ajay Singh had cleared the entrance examination for the second post graduate course pertaining to MA in women’s studies for the academic session 2022-2023. However, the AU administration rejected his candidature on the ground that he did not fulfill the criteria laid down by the university on June 25, 2022, which was notified on July 29, 2022.
The counsel for the petitioner submitted that the university had manifestly erred in non suiting the petitioner and holding him not eligible for admission to the second post graduate course inasmuch as the rules of the game could not have been changed after the game had begun. He submitted that the post graduate entrance test notification was issued and the online registration commenced from June 11, 2022 and the closing of online registration and payment was July 1, 2022.
However, the counsel for the respondent, Allahabad University, submitted that the issue of the AU changing the rules of the game as canvassed by the counsel for the petitioner did not arise in the case at hand inasmuch as law was settled that applicable rules on the last date of making an application would govern the recruitment process itself. No illegality could be found in the action of the university in rejecting the candidature of the petitioner and holding him ineligible. The rules of eligibility were changed before fixing the date of opening of the online registration i.e. on June 3, 2022.
After hearing both sides, the court in its decision dated January 10 said, “…. the court finds that the petitioner has suffered immensely and he has been dragged into unnecessary litigation and was compelled to approach this court on three occasions. In the opinion of the court, the petitioner is liable to be compensated with costs quantified at Rs.50,000 which shall be payable to the petitioner by the university within a fortnight. The writ petition is consigned to records with the aforesaid directions”.
