Bombay High Court Orders University to Allow Student to Complete Law Course Despite Eligibility Issue.
03 January 2024
Education >> Miscellaneous
In writ petition of Vinayak Uttam Hirave Vs Ideal College of Law, Through its Principal District-Palghar & Another, under Article 226 of the Constitution of India, the petitioner sought permission to appear for the 6th-semester examination of his LL.B. course. The petitioner had cleared the Maharashtra State Common Entrance Test (CET) in 2019 and was admitted to the course at a college. He completed five out of six semesters successfully. However, the university raised an eligibility issue concerning his B.Com. marks, as the petitioner’s average was below the required threshold for OBC students. This objection was only raised after the petitioner had completed five semesters, which led him to challenge the decision.
The petitioner argued that the university had been aware of his marks and that the late objection was unfair. He also cited previous judgments where similar cases were resolved in favor of the students. The college did not dispute the admission but confirmed that the university had raised the eligibility issue after more than two years.
The court ruled in favor of the petitioner, stating that the university could not object at the end of the course after the petitioner had already completed most of it. The court directed that the petitioner be allowed to complete his course, including taking the 6th-semester exam and receiving his results for the 5th semester.
The decision emphasized that the petitioner had not misrepresented his marks and that the university’s delayed objection was unjustified, particularly given that admission was granted without any issues. The petition was allowed with no costs.
Section 226, Constitution of India - 1950