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IN THE HIGH COURT OF BOMBAY
G.S. Patel, Neela Gokhale, JJ.
Naman Sanjay Gupta - Appellant
Versus
Ra Podar College of Commerce And Economics - Respondent
Writ Petition No. 3973 of 2021
Decided On : 14-03-2023
MANDAMUS - EDUCATION LAW - Circulars 2009, 2014 - The court analyzed the eligibility criteria for admission to the B.Com course based on two circulars issued by the University of Mumbai. The 2009 circular allowed IB Certificate holders to be eligible for admission, while the 2014 circular introduced stricter requirements. The court concluded that the 2014 circular could not apply retrospectively to the petitioner’s admission, which was based on the 2009 circular. The court ruled that the withholding of the petitioner’s mark sheets was unjustified, leading to the issuance of a mandamus for their release.
Fact of the Case:
The petitioner, a B.Com student, sought a mandamus to compel the University of Mumbai to release his mark sheets for the 5th and 6th semester examinations, which were withheld due to a claim of ineligibility based on his prior IB Course Certificate.
Finding of the Court:
The court found that the university's action in withholding the mark sheets was not sustainable, as the petitioner was provisionally eligible for admission based on the 2009 circular, which did not require an IB Diploma for commerce students.
Issues: Whether the university's withholding of the petitioner's mark sheets was justified based on the eligibility criteria outlined in the 2009 and 2014 circulars.
Ratio Decidendi: The court held that the 2014 circular could not be applied retrospectively to the petitioner’s admission, which was based on the 2009 circular that allowed IB Certificate holders to be eligible for the B.Com course without requiring an IB Diploma.
Final Decision: The petition was granted, and the court ordered the University of Mumbai to release the petitioner's mark sheets for the 5th and 6th semester examinations, along with any other entitlements related to his examinations.
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 pass or fail strictly speaking and as we know it in other examinations. An IB Diploma is awarded to those who get 24 points out of a possible maximum of 42. Others below 24 get what is called an IB Course Certificate, namely a certificate saying that they did the IB Course.
5. On 1/8/2013, the Petitioner received an IB Course Certificate. He had obtained a total of 21 points across six subjects out of a maximum possible of 42. In that very year, the International Baccalaureate issued a migration certificate to the Petitioner saying it had no objection to the Petitioner joining any college or university in India. On 5/7/2013, the IB issued a transcript of the Petitioner's grades showing that he had scored 21 points across the six subjects with a "Standard Level" or SL in all six subjects. This transcript, a copy of which is at Exhibit "C" at page 24 to the Petition notes as follows:
6. The NES International School issued the Petitioner a school leaving certificate on 23/8/2013. This leaving certificate has a remark
7. In 2013, the University issued a provisional statement of eligibility to the Petitioner for admission to the B. Com course. He was considered prima facie eligible for admission but this was said to be:
It also stated that the Petitioner had to "pass full IB Diploma".
8. There is no issue raised in the Petition or in the Replies before us of an equivalence committee decision so we will not delay over that aspect of the matter.
9. Having obtained admission, the Petitioner began studying in the B. Com course. He appeared for the 5th semester examination conducted by the University of Mumbai in October 2017. He cleared the 5th semester exam. But no mark sheet was released to him. The Podar College told the Petitioner that it had not received the mark sheet from the University. Notably, the Petitioner had been given a hall ticket for appearing in the 5th semester examination. In March 2018, the Petitioner appeared for the 6th semester B. Com examination conducted by the University. Again, the University sent no mark sheet to the Podar College. The Petitioner was given a hall ticket for the 6th semester examination. It was only then that the Petitioner was orally informed by the University staff that he had been found ineligible for admission to the B. Com course in the first place. This was the first such communication at the end of six semesters, i.e., three years of study. On 19/5/2020, the Petitioner wrote to the 2nd Respondent asking that his mark sheets for the 5th and 6th semester be released. The very same day there was a response from the University saying that on account of the Covid pandemic the issue he raised
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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