Bombay High Court
Mr Om Hemant Kamdi vs The State Of Maharashtra Thr Its ... on 26 September, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:15006-DB
910-WP(L)-25943-2024 (OS).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION(ST) NO. 25943 OF 2024
Mr Om Hemant Kamdi ...Petitioner
Versus
The State Of Maharashtra Thr
Its Secretary Department Of
Education And 3 Others ...Respondents
...
Mr. Mahesh Vishwakarma a/w. Ms. Gauri Bandre, Advocate for the
Petitioner.
Ms. Usha Rahi, AGP for the Respondent-State.
Mr. S. C. Wakankar a/w. Ms. Aishwarya Bapat, Advocate for the
Respondent No.2.
...
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 26th SEPTEMBER 2024.
JUDGMENT (PER RAJESH S. PATIL. J,) :
1. Rule. Rule is made returnable forthwith. Heard learned counsel
for the parties.
2. The Challenge raised in this Writ Petition is to the oral
communication which according to the Petitioner has been issued by
the Respondents informing him that since the Petitioner did not
fulfill the eligibility criteria while seeking admission to the course of
Bachelor of Commerce (Financial Markets), he should be restrained
from pursuing the said course.
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3. In the 12th standard examination conducted by the Central
Board of Secondary Educational (CBSE) in March 2022. The
Petitioner could not clear one subject resulting in performance being
treated as "compartment". In the next examination held in July 2022,
he cleared the said subject and was declared as"Pass". The petitioner
sought to seek admission in the Bachelor of Commerce (Financial
Markets) Program being conducted at the 4 th Respondent-Sharana
Educational Society-L. S. Raheja College of Arts and Commerce. He
submitted his application form in this regard on 7th July 2023. In the
said application form, Item No.7 in qualifying examination details
column, in very clear terms regarding "Educational Gap", it is
mentioned 'YES'. And along with the application the HSC mark
sheets were attached. The Respondent No.4 undertook a two day
verification process and after deeming the Petitioner eligible granted
him provisional admission to the first year of Bachelor of Commerce
(Financial Markets). Accordingly, the Respondent No.4 admitted the
Petitioner in the said course. The Petitioner paid his tuition fees and
started pursuing the aforesaid course.
4. Subsequently, after securing the admission, the Petitioner
commenced his academic pursuit for the year 2023-2024. In the first
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semester examination the petitioner appeared and successfully
completed six out seven subjects, and as he could not secure passing
in business mathematics he was permitted to continue and was
Allowed To Keep Terms (for short "ATKT"). Subsequently the
Petitioner appeared and successfully cleared the subject 'business
mathematics', hence, he cleared all the subjects of Semester-I.
5. The Petitioner thereafter continued his studies and cleared all
the subject in Semester-II examination. Hence, he proceeded to
Semester-III. The Petitioner paid the requisite fees for SYBFM he
attended the lectures and also appeared viva and the presentation.
The Respondent No.4-College also sent an eligibility list to
Respondent No.2-University on 13th October 2023 along with the
requisite fees. The said list included the Petitioner's name as an
eligible candidate for the Bachelor of Commerce (Financial Markets).
However, on 9th July 2024 merely after one year after the Petitioner
been admitted to the said program and midway through the
academic year the Respondent no.2-University vide its letter dated 9 th
July 2024 questioned the Petitioner's eligibility and refusing to grant
approval for his FYBFM Semester-I examination. On the ground that
the Petitioner's failure to clear HSC examination in a single attempt.
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It was contended that as per Ordinance dated 27 th April 2010 and
Circular dated 12th August 2021 the Petitioner was not eligible to be
admitted in the course. The Respondent no.4-College after receiving
the letter of the University immediately by the letter dated 18 th July
2024 admitted to their inadvertent error in the admission process
and requested the Respondent No.2-University, to consider the larger
interest of the Petitioner, and sought apology. The petitioner was oral
by informed on 17th July 2024 by the Respondent No.4-College about
the communication received from the Respondent No.2-University.
Hence, by the present Writ Petition, The Petitioner has prays that the
Respondent be restrained from taking any action to invalidate or
cancel, the Petitioner's admission to Bachelor of Commerce
(Financial Market) course.
6. Mr. Mahesh Vishwakarma, the learned counsel for the
Petitioner submitted that in the application form submitted by him
while seeking admission on 7th July 2023 it was clearly mentioned in
the admission form that there was colum education gap, in Hsc. So
also, the relevant mark sheet indicating the petitioner has passed the
12th examination by appearing twice, were attached with the
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admission form. It is further submitted that the Petitioner had
already completed two semesters and has been allowed to take
admission in the III Semester and has already paid the fees for the III
Semester and has been pursuing the said III Semester course. It is
further submitted that the petitioner ought not to be deprived of
completing the said course as he has completed one year of the
course and his one year will entirely get wasted. In this facts, it was
prayed that the impugned oral communication made by the
respondent be cancelled and the Petitioner be permitted to continue
his education in the course.
7. Ms. Usha Rahi, Assistant Government Pleader for the State and
Mr. S. C. Wakanar, Advocate for the Respondent No.2 has opposed
the aforesaid submissions. According to them, since the petitioner
had failed to clear all the subjects in HSC in a single attempt he was
not eligible to be admitted in the course of Bachelor of Commerce
(Financial Markets) Course.
8. The learned counsel for the respondents referred to the
Ordinance NO.5693/NO.UG/80/10, dated 27 th April, 2010 and
Circular No.UG/412/2021-2022 dated 12th August, 2021. They
submitted that the Writ Petition was liable to be dismissed.
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9. We have heard the learned counsel for the parties and have
perused the documents on record.
10. It is not in dispute that the petitioner appeared in the HSC
examination conducted in Summer 2022. In the first attempt out of 7
subjects the petitioner was not able to clear one subject hence, the
petitioner results was shows as "compartment". The petitioner
subsequently cleared the said one subject and thereafter the
petitioner applied to respondent no.4 for securing admission in
Bachelor of Commerce (Financial Markets). In the said application
itself the petitioner had specifically mentioned that there was an
educational gap in HSC and so also enclosed his HSC mark sheet.
The college had thereafter verified the petitioner's documents and
submitted the same to the university. It is on this basis the petitioner
was enrolled in the course of Bachelor of Commerce (Financial
Markets). The petitioner has successfully completed Semester-I and II
and has already paid his fees for Semester-III.
11. A perusal of the scheme of examination and pass criteria
prescribed by the CBSE indicates that if the candidate fails in two of
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the five subjects of the external examination he shall be placed in the
"compartment". As per clause-42 such candidate can re-appear at the
"Compartment Examination". On qualifying the "compartment
subject" he would be declared as passed as per the Circular dated 7 th
September, 2004 as well as 12 th August 2021 for being eligible to be
admitted in the self finance courses. As per clause G-5204 of the
circular dated 7th September 2004, such candidate for being eligible
as to pass at the first attempt. The University has issued another
circular dated 5th December 2022 with regard to the process of
enrollment and eligibility for the academic year. Initially, the
admission has to be given provisionally after which the enrollment
form has to be submitted to the University within the time stipulated.
It is on the basis of this communication the college submitted such
enrollment forms on 13th October 2023, which included the
petitioner's name. It appears that for a period of one year nothing
further was done and only on 9th July, 2024 the respondent no.2-
University informed the respondent no.4-College about non-
eligibility of petitioner to take admission in Bachelor of Commerce
(Financial Markets) course.
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12. We find from the facts of the present case that the petitioner
submitted his mark sheets along with admission application form so
also clearly mentioned that there was an educational gap in HSC.
After period of one year been lapsed the University has raised an
objection to the admission process.
13. In the light of the fact that this entire exercise was completed
after span of one year when the petitioner was already admitted in
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 resulting one year academic career being wasted. The
seat in question occupied by the petitioner cannot be given any other
student. In these peculiar facts and circumstances without setting any
precedent, we are of the view that the ends of justice require that the
Court to permit the petitioner to complete his three years decree
course.
14. Accordingly, the purported communication dated 9 th July 2024
is set aside. The Petitioner is permitted to complete his Bachelor of
Commerce (Financial Markets) course, by treating him eligible for
appearing in the remaining examination for the said degree course.
15. For the reasons recorded, the following order is passed :-
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(i) The communication dated 9th July 2024 (Exhibit H), issued by the
University of Mumbai, seeking to cancel the admission of the Petitioner on
the grounds that he was not fulfilling the eligibility criteria, is quashed. It
is held that the Petitioner is entitled to complete the Bachelor of
Commerce in Financial Market course, having been admitted on 7 th July
2023.
16. Rule made absolute in above terms. No costs
[ RAJESH S. PATIL, J] [A.S. CHANDURKAR, J. ]
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