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IN THE HIGH COURT OF ALLAHABAD
MANOJ KUMAR GUPTA, VIKAS BUDHWAR, JJ.
Ajay Kumar Pandey – Appellant
Versus
State of U.P. and Others – Respondents
Special Appeal No. 937 of 2024
Decided On : 15-10-2024
(A) Writ Jurisdiction - Admission Rules - The appellant challenged the cancellation of admission to LLB course based on eligibility criteria in the admission brochure, which required graduation after 2015. The court upheld the cancellation, noting the appellant's graduation was in 2008, thus ineligible. The Law College was directed to pay Rs. 5,00,000/- as compensation for the fault in granting admission. (Paras 5, 12, 20, 22)
(B) Legal Responsibility - The court found the Law College accountable for the illegal admission, emphasizing the need for due diligence in verifying student credentials. (Paras 14, 19)
Facts of the case:
The appellant was admitted to the LLB course despite not meeting the eligibility criteria, leading to the cancellation of admission after an inquiry revealed the illegality. (Paras 4, 5)
Findings of Court:
The court confirmed the cancellation of admission was justified and enhanced the compensation to Rs. 5,00,000/- due to the Law College's negligence. (Paras 20, 22)
Issues: The main issues were the legality of the admission cancellation and the responsibility of the Law College in the admission process. (Paras 5, 12)
Ratio Decidendi: The court ruled that the admission rules were clear and the Law College failed to adhere to them, thus the appellant's admission was invalid. (Paras 12, 20)
Result: The appeal was disposed of with the Law College directed to pay compensation. (Paras 22)
JUDGMENT :
VIKAS BUDHWAR, J.
1. This intra-court appeal is against the judgment and order of the learned Single Judge dated 28.08.2024 passed in Writ-C No. 33767 of 2022, whereby the writ petition preferred by the appellant-writ petitioner challenging the orders dated 01.11.2021 and 04.01.2021 of the Registrar, Deen Dalay Upadhyay Gorakhpur University, Gorakhpur, second respondent and Executive Examination Controller, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, third respondent was dismissed.
2. The case of the appellant before the writ court was that there happens to be an institution by the name of Prabha Devi Bhagwati Prasad Vidhi Mahavidhayalay, Anantpur, Harpur-Budhahat, Gorakhpur, fourth respondent (in short ‘Law College’) affiliated to Deen Dayal Upadhyay Gorakhpur University, Gorakhpur (in short ‘University’).
3. A notification came to be published by the University on 15.10.2019 for the grant of admission in LLB three years course for the academic session 2019-20. As per the notification, the last date for submission of the application form was 23.10.2019. According to the appellant-writ petitioner in order to secure admission, the relevant documents were to be submitted before the Law College and therefrom, the same were to be transmitted to the University. As per the appellant-writ petitioner the required documents was though submitted before the last date i.e. 23.10.2019 before the Law College but the same stood transmitted to the University on 10.06.2020. Thereafter, an online examination form came to be issued. The appellant writ petitioner was accorded admission and he was allowed to appear in the first semester examination of the LLB course for the year 2019-20 and the results were declared on 26.05.2020. Since the marks for LLB first semester examination 2020 were not awarded as per the expectation of the appellant-writ petitioner so he preferred Writ-C No. 20136 of 2020 in which on 08.12.2020, the following orders were passed:
“(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to produce the answer-sheet of LLB Ist Semester Exam 2020 revaluate the same within stipulated period as fixed by this Hon'ble Court.”
Counsel for the petitioner submits that marks given to the petitioner in LLB Ist Semester Examination are far less than expectation of the petitioner. He further states that the petitioner has not applied for and has not been given a copy of the said examination.
Considering the facts and circumstances of the case, the petitioner is granted liberty to apply for giving copies of LLB 1st Semester Examination for which the petitioner may submit requisite fee with the respondent-University.
Sri Rohit Pandey, Advocate appears on behalf of Respondents No. 2 and 3 and assured this Court that in case the petitioner approached the University by filing any such application, the same shall be supplied to the petitioner within a period of three weeks from the date of moving the application.
The writ petition is disposed of with liberty above so granted.”
4. It is also the case of the appellant-writ petitioner that the answer sheets of the appellant writ petitioner was re-evaluated and with respect to paper No. 146 the marks stood enhanced from 36 to 42. As per the appellant-writ petitioner though he was entitled to appear in the second semester viva voce examination which was scheduled on 24.01.2021 but he was not allowed to appear. The same led to filing of representation on 24.01.2021 and 25.01.2021 and thereafter, Writ-C No. 5242 of 2021 which was entertained by this Court while seeking response from the respondents herein. Thereafter, a counter affidavit came to be filed by the University coming up with a stand that consequent to the holding of the inquiry by a committee constituted by the University by order dated 20.12.2020 a report came to be submitted on 01.01.2021 holding that the admissions acco
The court upheld the cancellation of LLB admission due to non-compliance with eligibility criteria, holding the Law College accountable for the illegal admission and awarding compensation.
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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.
Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
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