Summary of Judgement

The Judgement

(Per A.S. Chandurkar, J.)

1] Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2] The challenge raised in this writ petition is to the communication dated 10/04/2024 that has been issued by the Director, Board of Examination & Evaluation, University of Mumbai informing the Principal, St. Xavier’s College that since the petitioner did not fulfill the eligibility criteria while seeking admission to the course of Bachelor of Commerce (Account & Finance), he should be treated as ineligible for pursuing the said course.

3] In the 12th Standard Examination conducted by the Central Board of Secondary Education-CBSE in March, 2022 the petitioner could not clear three subjects resulting in his performance being treated as “compartment”. In the next examination held in July 2022, he cleared the same and was declared as “pass”. The petitioner sought to seek admission in the Bachelor of Commerce (Account & Finance) course being conducted at the 3rd respondent – St. Xavier’s College. He submitted his application form in that regard on 11/08/2022. While furnishing his education details he stated that his results of the 12th Standard Examination conducted by CBSE were awaited. He submitted an undertaking to the College on 10/09/2022 stating therein that all original documents would be submitted by 10/10/2022. He thereafter submitted all relevant documents after which he was admitted to the said course. The petitioner paid his tuition fees on 10/09/2022. He thereafter started pursuing the aforesaid course. He completed the first Academic Year 2022-23. On 05/12/2023 the College submitted the verification reports of various students alongwith relevant documents. It is pursuant to this information being submitted that the University of Mumbai issued the impugned communication to the Principal as to why the admission of the petitioner should not be treated as invalid. In reply, the College informed the University that the petitioner was in his final year of the Bachelor of Commerce (Account & Finance) course. Since the petitioner was admitted during the pandemic and it was not mentioned on his mark-sheet that it was a “compartment case”, he came to be admitted. This fact came to the knowledge of the College during the course of verification. It was stated that as the petitioner was in his final year course, he ought to be permitted to complete the same.

4] Ms. Anita Castellino, the learned counsel for the petitioner submitted that in the application form submitted by him while seeking admission dated 11/08/2022 it had been clearly stated that the result for the CBSE Examination was awaited though he had appeared for the same. The relevant mark-sheet indicating that the petitioner had passed 12th Standard Examination was dated 07/09/2022 and it was submitted alongwith the undertaking. The petitioner was admitted to the said course and he continued pursuing his studies thereafter. It was only in December, 2023 that the College submitted the relevant documents to the Eligibility Section of the University after which the impugned communication was issued. Referring to the Scheme of Examinations and Pass Criteria published by the CBSE and especially Clause-42 thereof, it was submitted that in case a candidate is placed in a compartment, he could avail of a second chance in the examinations to be held in July/August. A candidate could be declared as pass provided he/she qualifies in the compartmental subject/subjects in which he/she had failed. It is only if a candidate does not appear or fails at one or all chances of compartment that he would be treated as having failed. Since the petitioner appeared in the examination conducted in July, 2022 and had passed, he was rightly admitted to the College. In absence of any misstatement given by the candidate, he ought not to be deprived of completing the degree course. The impugned communication dated 10/04/2024 was issued at the fag end of the Academic Session especially when the petitioner had completed two years of the degree course. In these facts it was prayed that the impugned communication be set aside and the petitioner be permitted to complete his degree course.

5] Mr. Manish Kelkar, the learned counsel for the University opposed the aforesaid submissions. According to him, since the petitioner failed to clear all subjects when his results were declared initially on 22/07/2022 he was not eligible to be admitted. Referring to the Circular dated 05/12/2022 issued by the University it was submitted that the petitioner ought to have been admitted provisionally subject to verification of his eligibility. After the College sent the relevant documents of the students who were admitted to the said course during Academic Year 2022-23 the same were verified and the impugned communication was issued. There was no delay whatsoever on the part of the University in verifying the documents and holding the petitioner ineligible. The learned counsel also referred to the Circular No.UG-395 of 2004 wherein it was stated that for being eligible to seek admission to the Bachelor of Commerce (Account & Finance) degree course a student ought to have passed the 12th Standard Examination in the first attempt . Reference was also made to the Circular dated 12/08/2021. It was thus submitted that there was no illegality on the part of the University in issuing the impugned communication. Hence, the writ petition was liable to be dismissed.

Ms. Nelly Mehta, the learned counsel for the College denied that there was any delay on its part in submitting the documents. On the same being demanded by the University, the documents were forwarded to the Eligibility Section. The admission of the petitioner was made in accordance with the relevant Circular and hence the College had issued communications dated 13th April and 22nd April, 2024 to the University.

6] We have heard the learned counsel for the parties and we have perused the documents on record. It is not in dispute that the petitioner appeared in the 12th Standard Examination conducted by CBSE in Summer, 2022. In the mark-sheet dated 22/07/2022 the petitioner’s result was shown as “compartment”. The petitioner submitted his application form to the College on 11/08/2022 by which time he had appeared for the examination conducted in July 2022 for the compartmental subjects. In his application form, against the month and year of passing he stated - Awaited. He was issued another marksheet on 07/09/2022 by the CBSE showing his result as “pass”. The same was accordingly submitted with the undertaking dated 10/09/2022. The relevant enrollment form with photocopies of the result was submitted by the College on 08/12/2022 to the University. The verification reports of various students were submitted by the College on 05/12/2023 to the Eligibility Section of the University. It is on this basis that the University issued the impugned communication on 10/04/2024.

7] A perusal of the Scheme of Examination and Pass Criteria prescribed by CBSE indicates that if a candidate fails in two of the five subjects of the external examination he shall be placed in compartment. As per Clause-42 such candidate can re-appear at the compartmental examination in July/August of the same year. On qualifying in the compartmental subjects he would be declared as pass as per the Circular dated 07/09/2004 as well as 12/08/2021 for being eligible to be admitted in the self finance courses. As per Clause G-5204 of the Circular dated 07/09/2004, such candidate for being eligible has to pass at the first attempt. The University has issued another Circular dated 05/12/2022 with regard to the process of enrollment and eligibility for the Academic Year 2022-23. Initially admission has to be given provisionally after which the enrollment forms have to be submitted to the University within the time stipulated. It is on the basis of this communication that the College submitted such enrollment forms on 08/12/2022 which included petitioner’s documents. It appears that for a period of one year nothing further was done until another communication dated 05/12/2023 seeking confirmation of eligibility of students was submitted by the College. In response it is only on 10/04/2024 that the University sought explanation regarding eligibility of the petitioner on the ground that he did not pass in one attempt.

8] We find from the facts of the present case that the petitioner submitted his mark-sheet to the College on 10/09/2022 alongwith the undertaking. Though the College forwarded the documents of all students in accordance with the Circular dated 05/12/2022 on 08/12/2022, a period of more than one year elapsed till the University issued the communication on 10/04/2024. In the interregnum the petitioner completed his two years studies of the three years course. In these facts, we find that there was no deliberate attempt on the part of either the petitioner or the College in trying to take advantage of the situation. Though the enrollment registration forms were submitted on 08/12/2022, a period of almost one year and four months elapsed during which time the petitioner continued his studies. The criteria prescribed by CBSE permits a candidate with compartment to appear immediately within two months in the next examination and on clearing the said subjects, he is declared as pass. In the light of the fact that this entire exercise was completed by September, 2022 and the petitioner was admitted to the course in question, we are of the view that the petitioner ought to be permitted to complete the aforesaid course. Denying him such relief would result in two years of his academic career being wasted. The seat in question occupied by the petitioner cannot be given to any other student. In these peculiar facts and without setting any precedent, we are of the view that the ends of justice require the Court to permit the petitioner to complete his three year degree course.

9] Accordingly, the impugned communication dated 10/04/2024 is set aside. The petitioner is permitted to complete the Bachelor of Commerce (Account & Finance) course by treating him eligible for appearing in the remaining examinations for the said degree course.

10] Rule is made absolute in the aforesaid terms. There would be no order as to costs.