Gujarat High Court
P.D. DESAI,M. K. SHAH
Damyanti Hasmukhlal Patel - Appellant
Versus
South Gujarat University, Surat - Respondent
Special Civil Appln. No. 622 of 1978
Decided On : 05/05/1978
South Gujarat University - Ordinance 144 - University Examination - Admission - Certificate of eligibility - Petitioner who was a young girl aged about 19 has invoked the writ jurisdiction of this Court to challenge the decision of the Syndicate of the University recorded in its resolution cancelling the admission given to her in the Pre-University Science Class - Held, This grievance is entirely baseless - Court, therefore, cannot entertain the grievance that the conclusion of the University Authorities that the petitioner deliberately furnished false information for obtaining the certificate of eligibility and in that manner cheated them is not justified and warranted in the facts and circumstances of the case - Even assuming, however, that it was open to us to go into this question, we are satisfied that there was sufficient material before the University authorities to come to this conclusion and it would be impossible for this Court to reach a contrary conclusion - Petitions dismissed
P. D. DESAI, J. :- The petitioner who is a young girl aged about 19 has invoked the writ jurisdiction of this Court to challenge the decision of the Syndicate of the South Gujarat University (hereinafter referred to as 'the University') recorded in its resolution No. 23 dated March 8, 1978 : (1) cancelling the admission given to her in the Pre-University Science Class in the academic year 1976-77, (2) cancelling the result of the Pre-University Science Examination held in March/April 1977 in so far as it concerned the petitioner, (3) directing the concerned College to cancel her admission to pre-medical class in the academic year 1977-78 and (4) debarring her from appearing at any University Examination or joining any affiliated college or recognized institution up to May 31, 1979. The impugned action was taken against the petitioner on the ground that although she was not eligible to secure admission to the Pre-University Science Class, having regard to the provision of Ordinance 144 of the University, she had secured such admission by deliberately furnishing false information while obtaining the certificate of eligibility. In order to decide the validity or otherwise of the challenge, it would be necessary to set out a few facts and we proceed to do so.
2. It appears that the father of the petitioner hails from Surat District. He had, however, settled down in Bombay where he was carrying on business as transport contractor until June 12, 1976. On and with effect from the said date the father of the petitioner closed down his business at Bombay and shifted with his family to Surat. The petitioner received her schooling in Bombay. She passed the S.S.C. Examination held by the S.S.C.E. Board, Poona in March, 1974. She secured 82% marks and was awarded gold medal. Thereafter, she prosecuted her studies in First Year Science and Inter Science in a college affiliated to the Bombay University. She appeared in the First Year Science Examination in April, 1975 and in the Inter Science Examination in April, 1976. Both these examinations were held by the Bombay University and she was declared successful at those examinations. It is the case of the petitioner that her father having migrated to Surat in June 1976, she was required to discontinue her studies at Bombay and to pursue studies at Surat. It is further the case of the petitioner that she was very much keen and desirous of taking up medical course and that for that purpose she was required to join Pre-University Science Class in any of the colleges affiliated to the University. On Oct. 14, 1976 she obtained a migration certificate from the Maharashtra State Board of Secondary Education, Poona Divisional Board, Poona. The certificate, inter alia, stated that the petitioner had passed the S.S.C. Examination held in March 1974 in the first grade. According to the petitioner, she then applied for admission to the Pre-University Science Class in the P.T. Sarvajanik Science College, Surat, which is a college affiliated to the University. The college authorities required the petitioner to produce an eligibility certificate from the University. The petitioner thereupon applied for certificate of eligibility on Sept. 9, 1976 in the prescribed form. She was granted provisional eligibility certificate on Sept. 14, 1976 by the University and on the strength of the said provisional eligibility certificate she was admitted in Pre-University Science Class in P.T. Sarvajanik Science College for the academic year 1976-77. The final eligibility certificate was issued by the University to the petitioner on Oct. 18, 1976. The petitioner completed her terms and appeared in the Pre-University Science Examination held by the University in April, 1977. She was declared successful at the said examination, she having passed the same in First Class obtaining 756 marks out of 1000 marks. In June 1977 she secured admission in the Pre-medical Class of the same College and was prosecuting her studie
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