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2005 Supreme(Mad) 528
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA
G.Selladurai - Appellant
Versus
The Registrar & Another - Respondents
WRIT PETITION NO.35311 OF 2004
Decided On : 24 March 2005
Denial of admission based on pending degree examination results is justified if the candidate had not passed the degree examination at the time of selection.
Headnote:
Admission - Denial of admission based on pending degree examination results - A.I.R. 2001 Orissa 61, 2004 (10) SBR 424 - The court held that denial of admission was improper when original mark sheet was not produced even though provisional mark sheet was produced and the explanation of the candidate was accepted. The Supreme Court observed that every infraction of rule need not necessarily result in rejection of candidature. However, in the present case, the petitioner had not passed degree examination at the time when he was called for selection. Therefore, the decision of the University in not admitting the petitioner cannot be found fault with.
Fact of the Case:
The petitioner sought admission to a law college based on an advertisement indicating that students awaiting degree examination results may apply. The petitioner was not admitted as he had not passed the degree examination at the time of selection.
Finding of the Court:
The court found that the denial of admission to the petitioner was justified as he had not passed the degree examination at the time of selection.
Issues: The main contention was whether the university should have admitted the petitioner despite him not passing the degree examination at the time of selection.
Ratio Decidendi: The court held that the decision of the university in not admitting the petitioner cannot be found fault with as he had not passed the degree examination at the time of selection.
Final Decision: The writ petition was rejected without any other order as to costs.
A student seeking admission to Law College has waged several legal battles in Courts of law.
2. The petitioner was an Under Graduate Student of Annamalai University and he had appeared in the final year examination of B.A., course for the year 2004. Tamil Nadu Dr. Ambedkar Law University, Respondent No.1, had issued prospectus for admission to 2004-05 Academic year. In the Advertisement it was also indicated that those students who had appeared at the degree examination and were awaiting results may also apply for admission. Accordingly, the petitioner appeared at the entrance examination for admission to III Year B.L. Degree course. On the basis of the marks obtained by him at the entrance examination, the petitioner was called for Counselling between 1.9.2004 and 4.9.2004 and he participated on 2.9.2004. Unfortunately, however, by then the results of B.A., examination of Annamalai University were yet to be published, and therefore, the petitioner was not in a position to produce his Pass Certificate. The petitioner had however produced a Certificate issued by the Joint Controller of Examinations, Annamalai University indicating that he had appeared in the examinations conducted in May 2004 and the results were "likely to be published shortly". However, the first respondent University did not admit the petitioner as he had not passed B.A., by then. Subsequently, the petitioner filed W.P.No.25977 of 2004, which was disposed of on 13.9.2004 on following terms: -
"The petitioner prays for mandamus directing the respondents to allot a seat to the petitioner enabling him to attend the classes in B.L., (Regular) III Year Course.
2. According to the petitioner, he has applied B.L., (Regular) III Year Course and he was selected, but he was waiting for the result of his degree course of B.A.,(History) and he was informed by the Tamilnadu Dr. Ambedkar Law University to produce the Degree certificate for his admission in B.L., (Regular) III Year Course. Therefore, till such production of Degree Certificate, he has no right to get admission in the Law College. It is open for the petitioner to approach the Annamalai University for getting the Degree Certificate. Accordingly, this writ petition is dismissed with liberty to the petitioner to file representation along with degree certificate to the first respondent. The first respondent may consider such representation and pass orders on merits in accordance with law."
(Emphasis added)
3. On the basis of the order passed by the High Court, the petitioner again filed a representation dated 23.9.2004. Such representation was rejected on 28.9.2004 by indicating that without proof of eligibility on the scheduled counselling date, the claim for selection now cannot be considered. Subsequently, after the results of Annamalai University were declared and the petitioner had passed B.A., he filed a further representation dated 17.11.2004 which having been remained unanswered, the present writ petition has been filed.
4. The main contention of the petitioner is to the effect that when the petitioner was eligible to apply as per the Advertisement of the University and when he had produced a certificate from Annamalai University that the results would be published shortly, the respondent University should not have denied admission to the petitioner. In this connection, it is submitted that the delay in publication of the results by Annamalai University cannot be a ground to penalise the petitioner, who was not at fault, and the respondent University should have allotted a seat to the petitioner.
5. Learned counsel for the petitioner has placed reliance upon the decision of Orissa High Court reported in A.I.R. 2001 Orissa 61 (DEEP KUMAR THADANI v. CHAIRMAN, ADMISSION SUB-COMMITTEE, JOINT ENTRANCE EXAMINATION [K & M] BURLA AND OTHERS) and the decision of the Supreme Court reported in 2004 (10) SBR 424 (DOLLY CHHANDA v. CHAIRMAN, JEE AND OTHERS) and contended that mere non-production of relevant cert
