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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.CHANDURKAR, M.M.SATHAYE
Harshi Ramjiyani – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.M. SATHAYE, J.
1. The challenge raised in this petition is to the order dated 30/08/2022 passed by Respondent No.2 – University, by which the Petitioner has been held ‘not eligible’ for pursuing the degree course of B.Voc. (Interior Design).
2. Few facts necessary for the disposal of this petition, are as under. The Petitioner completed her schooling till 10th grade and thereafter, two years of International Baccalaureate (“IB’ for short) Diploma programme from R.B.K. Education Institute, Kanakia International School, Chembur. The Petitioner gave her 12th IB board examination in April 2019 and her results were awaited. Since the admission process of many colleges usually commence prior to the assessment and announcement of the final IB board result, the IB Board students are allowed to apply to the colleges after receiving a temporary/provisional eligibility certificate from the University. The Petitioner accordingly applied for eligibility certificate on 13/05/2019 for the course of B.A., asserting that she has appeared IBDP-2 exam. This was based on ‘predicted grades’ of the Petitioner under the IB programme, as per certificate which is produced on record by the Univers
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.
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.
Candidates must strictly adhere to eligibility criteria as outlined in the university's prospectus, and institutions are justified in cancelling admissions if these criteria are not met.
Court upheld that ITI course can be considered equivalent to 12th standard for admission to law programs, challenging restrictive admissions criteria of the University.
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.
An ITI qualification can be considered equivalent to the Pre-University course for admission to a three-year LL.B. program, per prior judicial decisions.
Unless shown to be plainly arbitrary or discriminatory, the court would defer to the wisdom of administrators in academic institutions who might devise policies in regard to curricular admission proc....
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