Case Note & Summary
The Petitioner, Poonam Rampal Verma, filed a Writ Petition under Article 226 of the Constitution of India seeking a direction to Respondent No.1-Mumbai University to issue her mark-sheet for the VI Semester of B.Sc. (IT) for the academic year 2022-2023 and declare her as having successfully cleared the course. The Petitioner had passed her Xth standard in 2014 and obtained a Diploma in Electrical Engineering from Maharashtra State Board of Vocational Education Examination. On 20th September 2021, she applied for B.Sc. (IT) degree course at Respondent No.2-College, which was affiliated to Respondent No.1-University. She uploaded her application form on the University portal and submitted a physical form. She was admitted directly to the 2nd year B.Sc. (IT) course and completed III, IV, V, and VI semesters successfully. On 25th July 2023, the University declared her result for Semester VI with a remark 'RPV' (Result Pending Verification). The Petitioner contended that she was eligible for admission as per the University's rules and that the University had granted her admission and allowed her to study for three semesters without any objection. The University argued that the Petitioner did not have the requisite qualification for admission to B.Sc. (IT) as she had only a Diploma in Electrical Engineering, not a Diploma in Computer Science or IT. The Court held that the University was estopped from raising the issue of eligibility after the Petitioner had completed the entire course and the University had earlier granted admission and allowed her to study for three semesters. The Court directed the University to issue the mark-sheet for VI Semester and declare the Petitioner as having passed the B.Sc. (IT) course.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Mandamus - University cannot refuse to issue mark-sheet after student completed course and was allowed to study for three semesters - Held that the University is estopped from raising the issue of eligibility after the student has completed the course and the University had earlier granted admission and allowed her to study for three semesters (Paras 6-8).
Issue of Consideration
Whether the University can refuse to issue mark-sheet and declare a student as passed on the ground that the student was not eligible for admission due to lack of requisite qualification, after the student has completed the entire course and the University had earlier granted admission and allowed her to study for three semesters.
Final Decision
The Court allowed the Writ Petition and directed Respondent No.1-University to issue the mark-sheet for VI Semester of B.Sc. (IT) for academic year 2022-2023 and declare the Petitioner as having successfully cleared the said course.
Law Points
- Article 226 of the Constitution of India
- Writ of Mandamus
- University Regulations
- Admission Validity
- Estoppel
