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G. S. PATEL, NEELA GOKHALE
Naman Sanjay Gupta – Appellant
Versus
Ra Podar College of Commerce And Economics – Respondent
JUDGMENT/ORDER
GS PATEL J., J. - Rule. There are Affidavits in Reply and Rejoinder. By consent, Rule made returnable forthwith and the Petition is taken up for hearing and final disposal.
2. The Petitioner is a young student of the B. Com degree course. The only prayer he seeks in this Petition is a mandamus to the 2nd Respondent, the University of Mumbai, to release the Petitioner's printed mark sheets for the 5th and 6th semester B. Com examination results. These were withheld in a certain factual context.
3. After carefully considering the material on record, and in particular two circulars of 2009 and 2014, we believe that the action of the 2nd Respondent cannot be sustained, and Rule will have to be made absolute. Our reasons follow.
4. The 1st Respondent is the RA Podar College of Commerce and Economics where the Petitioner is a student. In May 2013, the Petitioner appeared for what is called the International Baccalaureate ("IB") Diploma Programme examination, equivalent to standards 11th and 12th, while a student of the NES International School. The IB Diploma typically awards points and not percentages or marks. The maximum possible number of points is 42. There is no specific
The eligibility criteria for admission to educational courses must be based on the regulations in effect at the time of admission, and retrospective application of new criteria is not permissible.
The court upheld the university's eligibility criteria, stating that provisional eligibility based on predicted scores does not require lowering cut-off standards if actual scores are insufficient.
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
The main legal point established in the judgment is the application of Regulation 17(a)-2(iii) and the court's reliance on precedents to allow the issuance of the consolidated marksheet of M.Sc. (Com....
The exit condition in the admission notification was deemed directory, allowing the issuance of the Bachelor’s degree despite non-compliance.
Provisional admissions should not be invalidated after significant study if no misrepresentation occurred, emphasizing the importance of allowing students to complete their education.
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