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1996 Supreme(Ori) 137
High Court Of Orissa
SUSANTA CHATTERJI, DEEPAK MISRA
SITAM SESHANKA - Appellant
Versus
PRINCIPAL, COLLEGE PHARMACEUTICAL SCIENCES - Respondent
ORIGINAL JURDN. CASE 6611 Of 1996
Decided On : 09/11/1996
B.S.MISHRA, G.P.MOHANTI, H.P.MOHANTY, M.R.MISHRA, P.K.Pandey, S.C.KARNADIKAR, S.S.RAO
A student who does not have the requisite qualification is not entitled to admission, and the University is justified in rectifying its mistake in admitting such a student.
Headnote:
ADMISSION - EQUIVALENCE OF QUALIFICATION - RECTIFICATION OF MISTAKE - ESTOPPEL - RELIEF TO STUDENT - CANCELLATION OF ADMISSION - GUIDELINES.
Fact of the Case:
The petitioner, after passing his Board of Secondary Education in Sikkim, completed a 2-year Diploma Course in Pharmaceutical Science and thereafter appeared in the High School Certificate Examination in the National Open School, New Delhi, and passed the said examination in 1994. Finding scope for doing the Degree Course in the College of Pharmaceutical Science, Berhampur at Mohuda, he submitted his application and was admitted for the academic session 1994-95. After completion of the 1st year course, he was issued an admit card to sit in the examination. The result for the aforesaid course was published in March 1996, but the petitioner's result was withheld as his qualification of passing the Senior Secondary School Certificate Examination could not be accepted as the National Open School was not recognized by Berhampur University.
Finding of the Court:
The court held that the University was justified in rectifying its mistake in admitting the petitioner, as he did not have the requisite qualification. However, the court also held that the Principal of the college was at fault for admitting the petitioner despite knowing the University's guidelines. The court directed the University to publish the petitioner's results within six weeks.
Issues: 1. Whether the University was justified in rectifying its mistake in admitting the petitioner, who did not have the requisite qualification? 2. Whether the Principal of the college was at fault for admitting the petitioner despite knowing the University's guidelines? 3. What relief could be granted to the petitioner?
Ratio Decidendi: 1. The University was justified in rectifying its mistake in admitting the petitioner, as he did not have the requisite qualification. The University had communicated its guidelines to the college, and it was the Principal's responsibility to ensure that the petitioner met the eligibility criteria. 2. The Principal of the college was at fault for admitting the petitioner despite knowing the University's guidelines. The Principal had an erroneous notion with regard to the equivalence of the petitioner's qualification, and he failed to take effective steps to verify the same. 3. The court granted relief to the petitioner by directing the University to publish his results within six weeks. The court took into consideration the fact that the petitioner was not at fault in getting the admission and that he had successfully completed one year of the course.
Final Decision: The court directed the University to publish the petitioner's results within six weeks.
MISRA, J.
( 1 ) AJNANATIMIRENDHESYA Jnenenjana salakaya. Cakeurnmilitam Yena Tasmai Srigurave Namah. 'shastras' put the 'guru' on a pedestal making him equivalent to God and treat him as one who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his sura enigmatically reaching the true follower, and he is also the one who transfer his sense of originality, duty of accountability and progressive creativity to the dutious deciple leaving his lively foot-prints on the sands of time. In turn, the deciple follows him with reverence, acts in veneration and obeys with abeicance.
( 2 ) IN the case at hand there has been perverse manifestation to the contrary by the opposite party No. 1, the Principal of the College of Pharmaceutical Science, Berhampur at Mohude. Instead of showing guidance to the petitioner to put a step forward in real light, he kept him in complete darkness to mar his cereer and destroy his energy, defeat his youth and demolish his aspiration.
( 3 ) UNFORTUNATE factual scenario as depicted is thus :- The petitioner after passing his Board of Secondary Education in Sikkim, his native place, completed 2 years' Diploma Course in Pharmaceutical Science and thereafter to have a Degree in the said subject, he appeared in the High School Certificate Examination in the National Open School, New Delhi and passed the said examination in 1994, Finding scope of doing the Degree Course in the College of Pharmaceutical Science, Berhampur at Mohuda the he submitted his application, and ultimately was admitted for the academic session 1994-95. After completion of 1st year course he was issued admit card to sit in the examination. The result for the aforesaid course was published in the month of March, 1996 but the result of the petitioner was not published. On enquiry the petitioner found out that his result had been withheld as his qualification of passing the Senior Secondary School Certificate Examination could not be accepted as National Open School was not recognised by the Berhampur University, and his admission to the college was regarded as invalid, and therefore he was not entitled to get his result. Being aggrieved the petitioner served a lawyer's notice, but the same did not bring any fruitful result. Challenging the aforesaid action of the opposite parties the petitioner has visited this Court for issuance of appropriate writs for declaration of his results.
( 4 ) OPPOSITE party No. 1, the Principal of he college hat filed a counter-affidavit taking the stand that as the petitioner does not have requisite basic qualification to join the course of pharmacy, his admission to the college is ab initio bad in law and therefore he is not entitled to any relief. In the affidavit, Annexure-1 to the writ application has been referred to point out that a student desirous of joining the course should have passed Higher Secondary School Certificate Examination of the Council or Higher Secondary Education, Orissa with Physics, Chemistry, Biology and Mathematics or should have passed I, Pharma or Diploma in Pharmacy from Berhampur University or any other examination recognised by the Berhampur University as being equivalent to the aforesaid examinations. It has been highlighted that the prospectus filed relates to 1992-93 academic session and the petitioner has taken admission in respect of the session 1994-95 and the prospectus does not permit any qualification except + 2 Sciences or equivalent qualification for becoming eligible to get admission. Emphasis has also been laid on, the undertaking given by the petitioner that he would abide by the rules, regulations of the college as well as of the Berhampur University. The Principal in paragraph 6 of the counteraffidavit has put the blame on the petitioner that as his certificate was not found equivalent as per the rules of the Berhampur University there is justification for nonpublication of the result. Other den
