Case Note & Summary
The petitioners, two students admitted to the First Year B.Sc. Nursing course at respondent No.3 college on 6th August 2012, sought directions to allow them to appear for the examination scheduled for 26th November 2013 and to enroll them with respondent No.2 University. The respondent No.2 University had issued Circular No. 1 of 2012 on 1st September 2012, prescribing that students must be born on or before 31st December 1995 for admission. The petitioners, born after that date, were denied permission to appear for the examination. The college supported the petitioners. The court held that the circular, issued after the petitioners' admission, could not be applied retrospectively to their detriment. The court found the age restriction arbitrary and unreasonable in the context of the petitioners' right to education. The court directed the respondents to allow the petitioners to appear for the examination and to enroll them as students, subject to fulfillment of other conditions.
Headnote
A) Education Law - Age Restriction - Prospective Application - Circular No. 1 of 2012 dated 1st September 2012 - The court considered whether a circular prescribing a cut-off date for age (born on or before 31st December 1995) could be applied to students who were admitted on 6th August 2012, before the circular was issued. Held that the circular cannot be applied retrospectively to deny the petitioners the right to appear for the examination, as it would be arbitrary and unreasonable. (Paras 1-5)
Issue of Consideration
Whether a circular prescribing age limit for admission issued after the students were already admitted can be applied to prevent them from appearing in the examination.
Final Decision
The court allowed the petition, directing the respondents to permit the petitioners to appear for the examination and to enroll them as students of respondent No.3 college, subject to fulfillment of other conditions.
Law Points
- Circular cannot be applied retrospectively
- Age restriction arbitrary and unreasonable
- Right to education
- Prospective application of rules
Case Details
2013 LawText (BOM) (10) 6
Writ Petition No.7419 of 2013
B.P. Dharmadhikari, Ravindra V. Ghuge
Mr. N.D. Sonavane for Petitioner, Mr. V.D. Godbharle AGP for Respondent No.1, Mr. K.M. Suryawanshi for Respondent No.2, Mr. C.A. Jadhav for Respondent No.3
Bajirao s/o. Shivaji Padvi (minor through guardian father Shivaji Jegla Padvi) and Rekha Khemchand Pachalore (minor through guardian mother Ushabai Khemchand Pachalore)
The State of Maharashtra, The Maharashtra University of Health Sciences, Aurangabad Training College of B.Sc. Nursing
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Nature of Litigation
Writ petition seeking direction to allow students to appear for examination and to enroll them despite age bar in circular issued after admission.
Remedy Sought
Petitioners sought direction to respondents to allow them to appear for the First Year B.Sc. Nursing examination and to enroll them as students of respondent No.3 college.
Filing Reason
Petitioners were denied permission to appear for examination because they were born after 31st December 1995, as per Circular No. 1 of 2012 issued after their admission.
Issues
Whether Circular No. 1 of 2012 prescribing age limit can be applied retrospectively to students admitted before its issuance.
Whether the age restriction is arbitrary and unreasonable.
Submissions/Arguments
Petitioners argued that they were admitted on merit before the circular was issued and the circular cannot be applied retrospectively.
Respondent No.2 University likely argued that the circular was applicable to all students.
Ratio Decidendi
A circular prescribing eligibility criteria for admission cannot be applied retrospectively to students who were already admitted before its issuance, as it would be arbitrary and unreasonable and would infringe upon the right to education.
Judgment Excerpts
Two students, taking education in First Year B.Sc. Nursing have approached this court seeking direction to the respondents to allow them to appear for the examination to be held on 26th November, 2013
The application of the petitioners for appearing at said examination have been sent back to the college as both petitioners are born after 31st December, 1995.
Circular has been issued after admission of the petitioners and hence, it can not be extended to throw them out of college.
Procedural History
Writ Petition filed in 2013; Rule issued and heard finally by consent; Judgment reserved on 4th October 2013 and pronounced on 11th October 2013.
