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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Birla Institute of Technology, Mesra through its Vice Chancellor – Appellant
Versus
P. Soumya – Respondent
JUDGMENT :
I.A. No.7757 of 2023
1. The instant application has been filed for grant of leave or permission to the respondent no.1, namely, P. Soumya to file Vakalatnama and to grant opportunity of hearing in the instant appeal filed by the Birla Institute of Technology & Ors.
2. It has been submitted by the respondent-writ petitioner that the instant interlocutory application has been filed on behalf of the candidate, who was the writ petitioner in the writ petition.
3. The further statement has been made that since the writ petitioner-respondent no.1 herein, is having interest over the order passed, hence, the Vakalatnama has been filed, as such, the same is being accepted.
4. There is no objection on the part of the appellants-BIT Mesra.
5. Accordingly, interlocutory application being I.A. No.7757 of 2023 is allowed.
6. Office is directed to accept the Vakalatnama filed on behalf of the respondent no.1-writ petitioner.
L.P.A. No.412 of 2023
Prayer
7. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 10. 07.2023 passed by the learned Single Judge of this Court in W.P.(C) No.928 of 2022, whereby and whereunder, while allow
The exit condition in the admission notification was deemed directory, allowing the issuance of the Bachelor’s degree despite non-compliance.
The university cannot cancel a degree after the completion of the course and must follow a fair procedure in reaching such decisions.
Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.
The main legal point established in the judgment is the importance of adherence to prescribed qualifications for admission and the liability of authorities for unjustified denial of admission.
The court affirmed the principle that students should not be penalized for institutional errors in admissions when they are qualified, allowing them to continue their studies.
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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