Court Allows Student to Complete Commerce Degree Despite Eligibility Dispute. Mumbai University challenged the student's admission due to a "compartment" status in 12th grade, but the court permits the completion of the course to avoid academic loss.

Case Note & Summary

The petitioner, a student who was initially placed in the "compartment" category after failing three subjects in the 12th Standard CBSE examination, later passed these subjects in a re-examination. The petitioner sought and gained admission to the Bachelor of Commerce (Account & Finance) course at St. Xavier’s College, which was later contested by the University of Mumbai.

Admission and Eligibility Issue:

The petitioner applied for the course on 11/08/2022, indicating that his 12th Standard results were awaited. He submitted an undertaking to provide all original documents by 10/10/2022 and paid the tuition fees on 10/09/2022. The University of Mumbai later questioned the eligibility of the petitioner, citing the rule that students must pass the 12th Standard examination in the first attempt to be eligible for the course.

Arguments by Petitioner:

The petitioner’s counsel argued that the petitioner had clearly stated his results were awaited and later provided the mark-sheet showing he had passed. The petitioner had been studying in the course for two years, and denying him the chance to complete his degree would waste two years of his academic career.

University’s Stand:

The University argued that the petitioner was not eligible since he did not pass the 12th Standard examination in his first attempt. They maintained that the petitioner should have been admitted provisionally, pending verification of his eligibility.

College's Position:

The College asserted that there was no delay in submitting the required documents and that the petitioner was admitted per the relevant guidelines. Court's Decision

The Court acknowledged that the petitioner had submitted the necessary documents and had been admitted to the course. It found no deliberate attempt by the petitioner or the College to exploit the situation. The Court decided that, in the interest of justice, the petitioner should be allowed to complete his degree course, as denying him would result in a significant loss of academic time.

Conclusion

The Court set aside the impugned communication dated 10/04/2024 and allowed the petitioner to complete the Bachelor of Commerce (Account & Finance) course. The ruling was made without setting a precedent and emphasized that it was a decision based on the specific circumstances of the case. The rule was made absolute, and no costs were ordered.