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A. S. CHANDURKAR, JITENDRA JAIN
Vinayak Uttam Hirave – Appellant
Versus
Ideal College of Law, Through its Principal – Respondent
JUDGMENT :
(Jitendra Jain, J.) :
Rule. Mr.Shaikh, learned counsel waives service for respondent no.1 and Mr.Kelkar, learned counsel waives service for respondent no.2- University. By consent of parties, the petition is heard finally.
2. By this petition under Article 226 of the Constitution of India, the petitioner has sought appropriate writ directing the respondents to permit the petitioner to admit and appear for 6th semester examination of the said course.
3. Briefly, the facts are as under :-
(ii) The petitioner appeared in the first four semesters of the said course and cleared the exam with good marks.
The central legal point established in the judgment is the importance of verifying mark sheets before confirming admission, objecting to eligibility at the beginning of the course, and the incorrect ....
Provisional admissions should not be invalidated after significant study if no misrepresentation occurred, emphasizing the importance of allowing students to complete their education.
Admission to the petitioners was per-se illegal. Lack of eligibility or qualifying marks hits at the very root and an admission without qualifying marks cannot be considered as irregular.
The eligibility criterion of 50% marks for LL.B. entrance is arbitrary and violates Articles 14 and 21, infringing on the right to education as part of personal liberty.
An ITI course can be considered equivalent to the Pre-University qualification required for admission to a three-year LL.B. program as per Bar Council regulations.
A university cannot deny a student the right to continue studies or withhold examination results based on procedural failures, especially after allowing the student to attend classes and take exams.
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