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2018 Supreme(Bom) 1342
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. DHARMADHIKARI, BHARATI H. DANGRE, JJ.
Isha Sharma - Petitioner
Versus
Tata Institute of Social Sciences and anr. - Respondents
Writ Petition ST No. 2264 of 2018
Decided On : 27-07-2018
For the Petitioner: Mr. Mehul Shah with Snehal Dukhale
For the Respondent: Mr. V.K. Wasnik
For the State : Mrs. Jyoti Chavan
The admission, though provisional, was not obtained by suppression of material facts or by practicing fraud on the Institute. The admission cancellation was contrary to the rules and the revised guidelines issued by TISS, leading to its quashing and setting aside.
Headnote:
Admission - University Grants Commission Act 1956 - The Tata Institute of Social Sciences - Rule of Admission - Masters Degree Course - Final Semester Examination - Admission Process - Document Verification - Admission Cancellation - Writ Petition under Article 226 of the Constitution of India - [KEYWORD] - Admission - University Grants Commission Act 1956 - Rule of Admission - Masters Degree Course - Final Semester Examination - Admission Process - Document Verification
Fact of the Case:
The petitioner, a student of Punjab University, sought admission to the course of Master of Public Health (Health Policy, Economics and Finance) at the Tata Institute of Social Sciences (TISS). Despite attending classes and being issued an enrollment number, her admission was later deemed illegal and cancelled by TISS.
Finding of the Court:
The Court found that the petitioner's admission was not obtained by fraud or suppression of material facts. It held that the admission cancellation was contrary to the rules and the revised guidelines issued by TISS, and therefore quashed and set aside the impugned communication.
Issues: The main issue revolved around the legality of the petitioner's admission to the course at TISS, the compliance with admission rules, and the validity of the admission cancellation.
Ratio Decidendi: The Court emphasized that the admission, though provisional, was not obtained by suppression of material facts or by practicing fraud on the Institute. It held that the admission cancellation was contrary to the rules and the revised guidelines issued by TISS, and therefore quashed and set aside the impugned communication.
Final Decision: The writ petition succeeded, and the impugned communication was quashed and set aside. Rule was made absolute in terms of prayer clauses (a) and (b).
1. At the outset, the name of respondent no.2 is deleted from the array of parties.
2. By this petition under Article 226 of the Constitution of India, the petitioner is seeking the following relief’s.
(a) This Hon'ble Court be pleased to issue Writ of certiorari and or any other appropriate writ as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case setting aside and quashing the impugned email dated 19th June, 2018 of respondent nos.1, Exhibit “L” to Petition as being illegal, bad in law, malafide, ulterior, arbitrary unilateral and void.
(b) This Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ directly the Respondent no.1 allow the petitioner to pursue her course of MPH-HPEF, 2018-20, subject to the submission of final year mark sheet by September, 2018 and consider and exemption for nonattendance of classes since 19th June, 2018”.
3. In view of the earlier order passed by us, we grant Rule on this petition. Since all affidavits have been placed on record, by consent of both sides, Rule is made returnable forthwith.
4. The above two relief’s are claimed in the following facts and circumstances.
The Tata Institute of Social Sciences is a deemed University. It is given that status under the University Grants Commission Act 1956.
5. The petitioner before us is a student of Punjab University. She was pursuing her Masters Degree course in Economics in the subject "Economics". She has stated in the petition that she has cleared the examinations upto 3rd Semester of this Masters Degree. She appeared for the 4th and final Semester examination between 11th May 2018 to 31st May 2018. She was awaiting results which were expected to be declared by July – August 2018, as on the date of filing of this petition, i.e. 4th July 2018, the position was that the petitioner was interested in seeking admission to the course of Master of Public Health (Health Policy, Economics and Finance) (for short 'MPH-HPEF') at the Tata Institute of Social Sciences (for short “TISS”)
6. The petitioner has annexed to the petition as Exhibit-A collectively the copies of the mark sheets upto the third semester.
7. The petitioner was to make an application online for admission to the above course. On 20th November 2017, she registered herself online for taking this examination styled as 'examination for this course'. The petitioner was assigned a registration number. After evaluation of the application, the TISS issued a card on 21st December 2017, copy of which is at Exhibit-C known as 'Admit Card'. The entrance exam was scheduled on 6th January 2018. The result of this examination/entrance test was announced on 27th January 2018. Based on her performance in the entrance test, the pre-interview test as well as personal interview was held on 10th March 2018. The claim of the petitioner is that she cleared all the stages of the admission process and the outcome of the same was announced on 27th April 2018. The petitioner was ranked 6th in the merit list for this course.
8. The petitioner says that on 2nd May 2018, she paid the fees for the course and a receipt was issued acknowledging the payment. The petitioner also relies upon the revised guidelines and which say that in the event an admission is given to such a course, as is opted by the petitioner, the deadline for submission of the final results of the Postgraduate degree course is September 2018.
9. The entire basis of the petitioner's claim in the petition is that the Rules of admission do not exclude from the process a candidate who is pursuing a masters degree course. The only condition that is attached is that if such a candidate is admitted, his or her admission would be treated as provisional and before the deadline the final result of the Masters Degree Exam should be forwarded to the TISS.
10. The petitioner then says that on 3rd May 2018, the acceptance letter was forwarded by email. Exhibit-H is a copy of the same. The TISS authori
