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2022 Supreme(Ori) 768

ORISSA HIGH COURT: CUTTACK
B.R. Sarangi, Sanjaya Kumar Mishra, JJ.
Y. Paban Kumar - Petitioner
Versus
Central University of Odisha Landiguda, Koraput & others – Opposite Parties
W.P.(C) No. 8044 OF 2021
Decided On : 03-08-2022

Advocates Appeared:
For the Petitioner:M/s S.K. Mishra, P.K. Rout, B.P. Pradhan Advocates
For the Opposite Party :M/s T.N. Murty, T.G.N. Murty, B. Udgata, Advocates

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.

Headnote:(A) Central University of Odisha Prospectus - Minimum Eligibility Criteria - The Notice dated 25.02.2021 cancelling the provisional admission of the petitioner was upheld due to failure to meet the 60% aggregate marks required for MBA program - The principles of natural justice were not violated as any notice would not change the outcome given the petitioner's admitted ineligibility. (Paras 1-24)

(B) Admission Procedures - Candidates must fulfill eligibility criteria specified in the university's prospectus, and fulfilling these is essential for maintaining academic standards of the institution. (Paras 10, 24)

Facts of the case:
The petitioner was provisionally admitted to the MBA program but was found ineligible due to not meeting the requisite academic percentage. Subsequent notices regarding his eligibility were challenged in court.

Findings of Court:
The court concluded that the university acted within its rights, emphasizing adherence to eligibility requirements.

Issues: The main questions were whether the cancellation of admission without a hearing was valid and if the petitioner met the eligibility criteria.

Ratio Decidendi: The court ruled that the university's cancellation notice was lawful as the eligibility criteria were explicitly outlined and known to the petitioner, and the principles of natural justice did not apply because he did not qualify.

Result: Writ Petition dismissed.

Table of Content
1. cancellation of provisional admission due to eligibility issues. (Para 1 , 2 , 3 , 4)
2. eligibility criteria and admission process outlined. (Para 5 , 6 , 7)
3. petitioner's assertion of fair notice and opportunity. (Para 10 , 11 , 12)
4. misleading the court results in denial of relief. (Para 14 , 16 , 18 , 19 , 22)
5. writ petition dismissed, interim orders vacated. (Para 25)

JUDGMENT :

S.K. Mishra, J.

The Petitioner has approached this Court challenging the Notice dated 25.02.2021 of the Registrar, Central University of Odisha (CUO), as at Annexure-8, vide which his provisional admission in the Department of Business Management was cancelled for not fulfilling eligibility criteria to take admission in Master Business Administration (MBA) in the Opposite Party-University. Apart from the same, it has been prayed to direct the Opposite Parties to allow the Petitioner to prosecute his studies in the MBA course and complete the same successfully without any difficulty as the Petitioner was allowed to take admission.

2. The brief background facts leading to filing of the present Writ Petition are that the Opposite Party No.1-University issued Advertisement for admission in different courses for the Session 2020-21, pursuant to which the Petitioner filled up the form to sit in the Central Universities Common Entrance Test, 2020 (CUCET) for admission in MBA course in the Opposite Party No.1-University. A selection test was conducted, and after due verification of the testimonials of the Petitioner, he was selected and accordingly, the merit list of the selected candidates was published and in the said merit list, the name of the Petitioner was found place with University Roll No.20/06/DBM/18 and the Petitioner also deposited the requisite fees, as prescribed by the University, towards admission on30.10.2020.

Further case of the Petitioner is that on receipt of the fees deposited by him, the admission of the Petitioner in MBA course was accepted by the University on 03.11.2020 and due intimation was given to him with regard to starting of classes and he was allowed to attend classes with the aforesaid roll number.

While the matter stood thus and the Petitioner was prosecuting his studies, the Controller of Examination (I/C) of the University issued Notice on 04.01.2021 with regard to 1st Mid Semester Examination (Monsoon Session) of the 1st Semester scheduled to be held from January 11-18, 2021 and the Petitioner completed 1st Semester successfully. Then, on 28.01.2021, the 2nd Semester Notice was issued, and the Petitioner completed the 2nd Semester. While continuing as such, the Opposite Party No.1, vide its Notice dated 25.02.2021, cancelled the admission of the Petitioner on the ground of not fulfilling the eligibility criteria, which has been impugned in the present Writ Petition.

3. This Court, while issuing Notice in the Writ Petition, on 03.03.2021, passed the following Order:

“ W.P.(C) No.8044 of 2021

and

I.A. No. 3695 of 2021

Issue notice through Speed Post to the opposite parties indicating therein that the matter shall be disposed of at the stage of admission, requisites for which shall be filed by 04.03.2021.

As an interim measure, this Court directs that the petitioner be allowed to attend the online classes of MBA course since he has allowed to take admission in MBA course by depositing the requisite fees and in the meantime, he has already completed two Semesters and further the order dated 25.02.2021 issued by the Registrar, Central University of Odisha under Annexure:8 cancelling the provisional admission of the petitioner without complying the principles of natural justice.

Put up this case on 26.03.2021.”

4. When the matter was pending before this Court, a Notice was issued on 05.03.2021 by the Controller of Examinations, CUO, indicating therein that the students, who are not fulfilling the eligibility criteria for respective programme as mentioned in CUO Prospectus for academic Session 2020-21 and students who

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