Case Note & Summary
The petitioner, Sonali Khandate, a student who passed the 12th standard Board Examination in 2010-2011 and took admission to B.Sc. 1st year at Fergusson College, Pune, applied for admission to the B.V.Sc & A.H. course for the academic year 2011-2012 conducted by the Maharashtra Animal & Fishery Sciences University. She appeared for the MHT-CET examination in 2011 and was placed at Sr. No. 232, making her eligible based on merit. However, the respondent university refused to consider her application on the ground that she did not furnish a bonafide certificate for the year 2011-2012. The petitioner contended that she had submitted a bonafide certificate issued by Fergusson College on 29.6.2011, which was proper and sufficient. She also pointed out that she had made a grievance before the competent authority under Clause 10(v) of the admission brochure, but the Grievance Committee did not take cognizance. Additionally, she claimed to have submitted a no objection certificate dated 27.6.2011 from Fergusson College, but the respondent disputed this, stating that it was never tendered. The court examined the original application form and found that the no objection certificate was not part of the application. However, the court noted that the bonafide certificate dated 29.6.2011 was indeed submitted. The court held that the bonafide certificate was proper and sufficient for the purpose of admission, and the refusal on the ground of non-furnishing of a bonafide certificate for 2011-2012 was erroneous. The court directed the respondent to consider the petitioner's claim for admission based on the bonafide certificate already submitted, and to process her application in accordance with the rules. The petition was allowed with no order as to costs.
Headnote
A) Admission - Bonafide Certificate - Requirement of Bonafide Certificate - Clause 8.1(ii) and Clause 8.3.1 of the Admission Brochure - The petitioner, a student who passed 12th standard and took admission to B.Sc. 1st year in Fergusson College, Pune, applied for B.V.Sc & A.H. course. She submitted a bonafide certificate issued by Fergusson College on 29.6.2011. The respondent university refused to consider her application on the ground that the bonafide certificate was not for the year 2011-2012. The court held that the bonafide certificate issued by the college was proper and sufficient, and directed the respondent to consider the petitioner's claim for admission based on that certificate. (Paras 3-4, 10) B) Admission - Grievance Redressal - Clause 10(v) of Admission Brochure - The petitioner made a grievance before the competent authority and filed an affidavit, but the Grievance Committee did not take cognizance. The court noted that the petitioner had an opportunity under Clause 10(v) but the committee did not act. (Para 5) C) Admission - Essential Certificates - Clause 8.3.1 - The list of essential certificates includes bonafide certificate at Sr. No. (v). The court found that the bonafide certificate produced by the petitioner was sufficient compliance. (Para 8, 10)
Issue of Consideration
Whether the refusal to consider the petitioner for admission to B.V.Sc & A.H. course for the academic year 2011-2012 on the ground of non-furnishing of bonafide certificate is justified.
Final Decision
The court allowed the petition, directing the respondent to consider the petitioner's claim for admission to B.V.Sc & A.H. course for the academic year 2011-2012 based on the bonafide certificate dated 29.6.2011 issued by Fergusson College, Pune, and to process her application in accordance with the rules. No order as to costs.
Law Points
- Bonafide certificate
- Admission requirements
- Grievance redressal
- Essential certificates
- No objection certificate
