HC says student can’t be penalised for college’s lapse, orders release of LLB degree

The court was hearing a petition filed by MU student Saurabh Gutte seeking the release of his final-year LLB marksheet and degree certificate, which the university had withheld due to certain lapses during his transfer between colleges

MUMBAI: The Bombay High Court has directed the University of Mumbai (MU) to immediately release the final-year marksheet and degree certificate of a law graduate, holding that a student cannot be made to suffer for lapses by educational institutions.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

A division bench of justices RI Chagla and Advait M Sethna was hearing a petition filed by MU student Saurabh Gutte seeking the release of his final-year LLB marksheet and degree certificate, which the university had withheld due to certain lapses during his transfer between colleges.

Gutte had completed the first year of his LLB course at the MP Law College in Chhatrapati Sambhajinagar before transferring to the MU-affiliated IBSAR School of Law in Navi Mumbai in 2021-22. He then completed the final four years of the degree course at the Navi Mumbai college without there being any objection to his provisional eligibility, according to his petition.

In June 2025, when the university announced the fifth-year LLB results, Gutte was listed under the Result Provisional (RP) category. When he approached his college, he was informed that MU was withholding his marksheet because the college authorities had not yet completed the provisional eligibility process for the confirmation of his admission, which is required for a migrated student.

Subsequently, in December 2025, the university informed the college that Gutte will be considered eligible for transfer only if he appears for and passes two of his first-year subjects. However, by that time, Gutte had already enrolled as an advocate and had passed the All India Bar Examination (AIBE) on January 7, 2026, which is a prerequisite for enrollment as an advocate.

Gutte told the court that he was compelled to submit an affidavit on December 17, 2025, with an undertaking to submit his final-year marksheet within 90 days, failing which his enrollment was liable to be cancelled. “This has placed his professional career at a serious risk,” his counsel said.

The court noted that Gutte had cleared all his semesters, and the issue arose only due to lapses on the part of the college in granting the admission. Therefore, it said that Gutte should not be made to suffer when he has completed his semesters in the respective courses. It held that Gutte’s admission transfer to the second year of the five-year LLB course was legal, valid and regular for all intents and purposes.

“The delay was on the part of the college in informing the university about the non-eligibility of the petitioner. As a result of the delayed response of the college, the career of the students is put to peril,” it said.

The court also imposed a cost of ₹50,000 on the college for the “clear delay” on its part, to be paid within four weeks.