Provisional admissions should not be invalidated after significant study if no misrepresentation occurred, emphasizing the importance of allowing students to complete their education.

JUDGMENT :

A.S. CHANDURKAR, J.

1. Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. The challenge raised in this writ petition is to the communication dated 10/04/2024 that has been issued by the Director, Board of Examination & Evaluation, University of Mumbai informing the Principal, St. Xavier’s College that since the petitioner did not fulfill the eligibility criteria while seeking admission to the course of Bachelor of Commerce (Account & Finance), he should be treated as ineligible for pursuing the said course.

3. In the 12th Standard Examination conducted by the Central Board of Secondary Education-CBSE in March, 2022 the petitioner could not clear three subjects resulting in his performance being treated as “compartment.” In the next examination held in July 2022, he cleared the same and was declared as “pass.” The petitioner sought to seek admission in the Bachelor of Commerce (Account & Finance) course being conducted at the 3rd respondent - St. Xavier’s College. He submitted his application form in that regard on 11/08/2022. While furnishing his education details he stated that his results of the 12th Standard Examination conducted by CBSE were awaited. He submitted an undertaking to the College on 10/09/2022 stating therein that all original documents would be submitted by 10/10/2022. He thereafter submitted all relevant documents after which he was admitted to the said course. The petitioner paid his tuition fees on 10/09/2022. He thereafter started pursuing the aforesaid course. He completed the first Academic Year 2022-23. On 05/12/2023 the College submitted the verification reports of various students alongwith relevant documents. It is pursuant to this information being submitted that the University of Mumbai issued the impugned communication to the Principal as to why the admission of the petitioner should not be treated as invalid. In reply, the College informed the University that the petitioner was in his final year of the Bachelor of Commerce (Account & Finance) course. Since the petitioner was admitted during the pandemic and it was not mentioned on his mark-sheet that it was a “compartment case”, he came to be admitted. This fact came to the knowledge of the College during the course of verification. It was stated that as the petitioner was in his final year course, he ought to be permitted to complete the same.

4. Ms. Anita Castellino, the learned counsel for the petitioner submitted that in the application form submitted by him while seeking admission dated 11/08/2022 it had been clearly stated that the result for the CBSE Examination was awaited though he had appeared for the same. The relevant mark-sheet indicating that the petitioner had passed 12th Standard Examination was dated 07/09/2022 and it was submitted alongwith the undertaking. The petitioner was admitted to the said course and he continued pursuing his studies thereafter. It was only in December, 2023 that the College submitted the relevant documents to the Eligibility Section of the University after which the impugned communication was issued. Referring to the Scheme of Examinations and Pass Criteria published by the CBSE and especially Clause-42 thereof, it was submitted that in case a candidate is placed in a compartment, he could avail of a second chance in the examinations to be held in July/August. A candidate could be declared as pass provided he/she qualifies in the compartmental subject/subjects in which he/she had failed. It is only if a candidate does not appear or fails at one or all chances of compartment that he would be treated as having failed. Since the petitioner appeared in the examination conducted in July, 2022 and had passed, he was rightly admitted to the College. In absence of any misstatement given by the candidate, he ought not to be deprived of completing the degree course. The impugned communication dated 10/04/2024 was issued at the fag end of the Academic Session especially when t