HC comes to the rescue of MSc student in Mumbai

Updated on: Tuesday, January 31, 2012

An educational institute or a university cannot verify the application form of a student after a year and then invalidate his admission, the Bombay High Court said last week. The scale of equity and justice is tilted toward such students, said the court, adding that verification should be instant.

On January 19, Justice S J Kathawalla allowed Ram Shila Singh to continue his studies in the five-year MSc (integrated) programme conducted by the University of Mumbai and the department of atomic energy’s autonomous Centre for Excellence in Basic Sciences (UM-DAECBS).

After completing two semesters, Singh was informed by the centre in May 2009 that the registrar (eligibility and migration certificate unit of the university) has held him ineligible for admission due to “his less percentage” of 59 instead of 60 in the ISC (equivalent to HSC) from National Open School, Delhi. Hence, it could not allow Singh to continue as a student.

Singh obtained 95.06% in the national entrance screening test and was shortlisted. After counselling on July 24, 2009, he was asked to proceed for admission and he took it the same day. In the column pertaining to details of examination, Singh clearly mentioned that he had obtained a second class. He also submitted his ISC marksheet along with other documents to the admission committee.

Singh’s advocates Gunjan Shah and Sanjeev Sawant argued that the university and the centre, after a period of one year, cannot say that he will not be allowed to attend classes in view of the purported mistake on their part in scrutinising the marksheet and the admission form.

Advocate Rui Rodrigues, appearing for the university, admitted that Singh’s case was taken for verification after almost a year. He said the university has now prescribed a limit during which application forms should be forwarded to it for verification.

Justice Kathawalla said that Singh did not suppress any fact at the time of admission and that, in the first instance, it was the mistake of the committee. He said verification ought to have been completed by the institute or the university within a reasonable time so that the student, who is not guilty of any inequitable conduct, doesn’t suffer. “The university surely cannot verify the application form of a student after one year and then inform him that his admission is invalid as has been done in the present case,” he noted.

He added, “Verification of admission forms by educational institutions and universities should be instant, i.e., without wasting any time since it is a known fact that in today’s competitive world, no student can afford to waste time-…more so for no fault of his because the same may not only adversely affect his educational career but also his entire standing in his career.”

HC comes to the rescue of MSc student in Mumbai

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