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PUSHPENDRA SINGH BHATI
Joy Wilson – Appellant
Versus
Jai Narain Vyas University – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. The writ petition has been preferred claiming the following reliefs:-
"A. by appropriate writ and direction the order the respondent University may kindly be directed to issue the consolidated marksheet of M.Sc. (Computer Science) MDSU syllabus Final Year immediately or within 07 days.
B. Any other appropriate writ, or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
C. Writ petition filed by the petitioner may kindly be allowed with costs."
3. Brief facts of the case as noticed by this Court are that the petitioner took admission in PLV Memorial College, Jodhpur in the M.Sc. (Computer Science). The bone of contention is that the petitioner could not qualify two papers in M.Sc. (Previous), but was promoted to M.Sc. final year and was allowed to appear in the final year examination of M.Sc. (Computer Science) with the due papers. In the final exam
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....
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
A university cannot deny a student the right to continue studies or withhold examination results based on procedural failures, especially after allowing the student to attend classes and take exams.
Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.
Provisional admissions should not be invalidated after significant study if no misrepresentation occurred, emphasizing the importance of allowing students to complete their education.
The main legal point established in the judgment is that a student should be allowed to complete a course if the University's objection to the admission arises after the completion of the course, esp....
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.
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