Bombay High Court
Rafi Mohammad Abdul Fathima vs University Of Mumbai Through Its ... on 26 June, 2025
Author: M.S.Karnik
Bench: M.S.Karnik, N.R.Borkar
2025:BHC-OS:9882-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
URMILA
PRAMOD
by URMILA
PRAMOD
INGALE
ORDINARY ORIGINAL CIVIL JURISDICTION
Date:
INGALE 2025.07.02
19:07:12 +0530
WRIT PETITION (L) NO. 30004 OF 2024
Rafi Mohammad Abdul Fathima ... Petitioner
Versus
University of Mumbai and ors. .... Respondents
****
Mr. Mihir Desai, Senior Advocate a/w. Ms. Pritha Paul for the
Petitioner.
Mr. Rui Rodrigues a/w. Mr. Jainendra Sheth for Respondent Nos. 1.
Mr. Chowdhari Moin a/w. Mr. Arvind Kothari ib Arvind Kothari for
Respondent No.4.
Mr. K. K. Mishra (Through V.C.) a/w. Ms. Seema Dighe for JMI
University.
Ms. Nazia Sheikh, AGP for the Respondent-State.
****
CORAM : M.S.KARNIK AND
N.R.BORKAR, JJ.
DATE : 26th JUNE, 2025
JUDGMENT (PER M.S.KARNIK, J.) :
1. The petitioner is aggrieved by the action of the respondents in
not issuing 6th semester mark-sheet and LLB graduation certificate
to the petitioner on the ground that he is an ineligible student,
having acquired his school education certificates from the 'Board'
not listed on the Council of Boards of School Education ("COBSE",
for short) website. The facts of the case in brief are as under :
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2. The petitioner completed his 10th standard from Aliya Darul
Huda Islamic Academy, Kerala in the year 2011 ("the Academy",
for short). The petitioner completed his 12 th standard from the
Academy in the year 2013. The petitioner graduated with a
Bachelor of Arts (Honours) degree in Sociology from Jamia Millia
Islamia University in 2019. The petitioner took the Maharashtra
Common Entrance Test (CET) Law examination and was qualified
to take admission in one of the law colleges under the University
of Mumbai.
3. The petitioner sought admission in the course of LLB in the
respondent no.4 - Rizvi Law College. The petitioner's documents
were duly checked and verified by the college and the petitioner's
admission was approved by the Admission Regulating Authority.
The petitioner was also issued PRN (Permanent Registration
Number).
4. The petitioner was admitted to respondent no.4 -college on
06/05/2022. The petitioner's eligibility forms and documents
were sent by the respondent no. 4-college to the University of
Mumbai. The petitioner was declared ineligible by the University
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of Mumbai on 01/04/2023. After completion of the petitioner's 4 th
semester examination, the petitioner was informed of his
ineligibility as declared by the University of Mumbai in July 2023.
The petitioner gave an undertaking regarding his eligibility on
21/12/2023. The petitioner completed his LLB course on
25/06/2024 and his statement of marks was issued for all 6
semesters. However, his documents were withheld by the
respondent no. 4 - college and the University.
5. Learned Senior Advocate Shri Desai submitted that Jamia
Millia Islamia recognised the Academy for B.A admission vide
notification dated 03/05/2023. The same is stated by Jamia
Millia Islamia in its affidavit dated 22/10/2024 filed in this Court.
Learned Senior Advocate submitted that Banaras Hindu University
also recognised the Academy for B.A. admission vide
communication dated 30/10/2021. It is further submitted that
Jawaharlal Nehru University also recognises the Academy for B.A.
admission. It is then submitted by learned Senior Counsel that
Maulana Azad National Urdu University also recognised the
Academy for B.A. admission vide notification dated 08/02/2023.
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6. On the other hand, learned counsel Shri Rodrigues for the
respondent-University opposed the petition. Shri Rodrigues
submitted that the respondent-college has failed to follow the
procedure for enrollment and eligibility certificate for the
academic year 2021-22 prescribed by the University. It is
submitted that the students who have passed from Board of
Secondary and Higher Secondary education other than
Maharashtra State and University of Mumbai require eligibility
certificate. It is submitted that so far as the Boards from other
states are concerned, eligibility has to be ascertained after ensuring
that their qualifying examinations are approved by the
COBSE/UGC/AIU/IAU/AICTE on the website of the concerned
bodies or boards. It is then submitted by Shri Rodrigues that
every college has to constitute an Admission Committee based on
the UGC guidelines and instructions. It is submitted that
admission has to be given as per the ordinance and circular of
University of Mumbai which respondent no. 4- college has
breached. Shri Rodrigues was at pains to point out that college
must give provisional admission to such students only after
verifying the fulfillment of the eligibility criteria for the concerned
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courses and that the respective colleges are required to be held
responsible for admitting non eligible students.
7. We have also gone through the affidavit in reply filed on
behalf of the Mumbai University. In the affidavit it is stated that
Academy does not feature in the list of recognised boards
published by COBSE and therefore in terms of unnumbered clause
2 of the University circular, it is stated that the petitioner is not
eligible for pursuing the LLB degree course in the respondent no.3
college affiliated to the University. It is stated that the petitioner
has not demonstrated as to how the respondent no.5 is
recognised/ authorised to award Class X (Secondary Level
Certificate) and Class XII (Senior Secondary Level Certificate)
certificates. Shri Rodrigues submitted that it is not known as to
what the respondent no. 5 owes its existence to.
8. Heard learned counsel. Before we advert to the controversy
in the present petition, a brief reference to the decision of this
Court dated 19/12/2024 in 1Ahmad Umair Affan Naseem Qamar
Vs. University of Mumbai would be profitable. This Court was
considering the case of the petitioner therein who was pursuing his
1 Writ Petition (L) No. 28977 of 2024 dated 19/12/2024 of Bombay High Court
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three years LLB course at the college affiliated to the University of
Mumbai. The petitioner sought direction to treat his admission at
the LLB course as valid and a declaration that he was eligible to
seek admission at the said course and complete the same. The
petitioner after his 10th standard examination took admission at
the Jamia Millia Islamia Higher Secondary School and passed his
12th standard examination. Thereafter he obtained his three years
graduation in Bachelor of Arts (B.A) from Jamia Millia University
in 2020. It was the contention of the University that the petitioner
was held ineligible as he had passed the 12 th standard examination
from Jamia Millia Islamia that was not placed in the list of
recognised educational boards published by the Council of Boards
of School Education- COBSE. This Court in paragraphs 6 & 7
while holding the petitioner therein as eligible observed thus:
" 6. We have heard the learned counsel for the parties and we
have also perused the relevant documents on record. It can be
seen that after the petitioner passed his XII standard
examination in Summer - 2017 from Jamia Millia Islamia, he
was issued a Senior School Certificate. Such certificate has been
treated to be equivalent for the purpose of seeking admission in
schools affiliated to the Central Board of Secondary Education -
CBSE. The communication dated 30 th November 2021 issued by
the CBSE indicates the aforesaid. The petitioner then obtained
his Bachelor of Arts degree in the subject of Geography from
Jamia Millia Islamia University. It is thereafter that the petitioner
appeared for the Common Entrance Test, 2021-22 conducted by
the State Common Entrance Test Cell. On being successful, he
was granted admission at the Three Years LL.B. course at the
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respondent no.4-College. The Admissions Regulation Authority
approved the admission of the petitioner, as could be seen from
the communication issued by the Chairman, Admissions
Regulating Authority (page 84 of the writ petition). The
petitioner accordingly took instructions in all the three years of
the said LL.B. course. He cleared all the five semesters at the
said examination and it is only when the results of the 6 th
semester were to be declared that he has been sought to be
treated as ineligible for seeking admission. Circular No.1049 of
2021 dated 12th November 2021 is sought to be relied upon on
the premise that the petitioner had passed his XII standard
examination from a board that was not recognized by COBSE. In
this regard, it can be seen that the CBSE has by its
communication dated 30th November 2021 clarified that
students who have passed the class Xth examination from Jamia
Millia Islamia are entitled to seek admission in class XI in
schools affiliated to the CBSE and vice-versa. This would mean
that the Senior School Certificate (Class XII) issued to the
petitioner by Jamia Millia Islamia is equivalent to such
certificate issued by a school recognized by the CBSE. It is
therefore clear that after obtaining his Higher Secondary School
Certificate from an Institute that was equivalent to an Institute
recognized by the CBSE, the petitioner completed his
graduation. Thus, the ground of ineligibility sought to be raised
by the University by relying upon Circular No.1049 of 2021
would not be attracted in the present case. The
Seniormeritorium School Certificate (Class XII) having been
issued to the petitioner from an Institute equivalent to an
Institute affiliated by the CBSE, it cannot be said that the
petitioner was ineligible for being admitted to the Three Years
LL.B. course.
7. Even otherwise, we find that the objection with regard to the
petitioner's ineligibility is being raised at the fag-end of
completion of his Three Years LL.B. course. The Admissions
Regulating Authority had approved the petitioner's admission in
the academic year 2021-22. The petitioner thereafter has
completed his education for all the Three Years and has
appeared for the 6 th semester examination. If an objection as
regards his ineligibility would have been raised at the inception
or at least by the end of the first year of his education, the
petitioner would have taken appropriate steps in that regard.
Having permitted the petitioner to complete his entire education
and thereafter seeking to raise an issue about his ineligibility
after the petitioner appeared for the 6 th semester examination
does not appear to be justified in the present facts. It is not the
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grievance of the Mumbai University that any material facts or
documents were suppressed by the petitioner while seeking
admission. Thus, on the ground that the issue with regard to the
petitioner's ineligibility is being raised at the fag-end of his
academic course, that objection is not liable to be upheld."
9. In the present case, the relevant portion of affidavit in reply
filed on behalf of respondent no. 6- Jamia Millia Islamia University
needs to be referred to help resolve the controversy which reads
thus :
"3. That Respondent No. 6 is a Central University, governed by the
Jamia Millia Islamia Act of 1988. It is submitted that the respondent
University is fully funded by the University Grants Commission
(UGC) and is accredited as A++ by the NAAC.
6. It is submitted that the petitioner Mohammed Rafi got admission
to Bachelor of Arts (Hons) Sociology (Private) with enrollment no
16-11777 and with Examination roll no 16BSOP026 in the year of
2013 on the basis of his 12 standard certificate issued from Aliya
Darul Huda Islamic Academy, Kerala, India.
7. It is further submitted that Mohammed Rafi enrollment no 16-
11777 and with Examination roll no 16BSOP026 was awarded the
degree of the Bachelor of Arts (Hons.) Sociology by the Jamia Millia
Islamia, University in the year of 2019."
10. In paragraph 8, Jamia Millia Islamia University has pointed
out that the Academy, is a recognised madarsha for the purposes of
admission to the B.A/B.A. (Hons.). In paragraph 9 of the said
affidavit it is stated as under :
9. It is relevant to point out that the Asstt. Registrar, Academic
Section Jamia Millia Islamia has also issued a letter F. No.
AS/RO/2023 dated 03.05.2023, which clarifies that the Aliya Darul
Huda Islamic Academy, Kerala, India is recognized with the Jamia
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Millia Islamia. The relevant part of the letter F. No. AS/RO/2023
dated 03.05.2023 issued by Asstt. Registrar, Academic Section
Jamia Millia Islamia is reproduced herein as under:
F. No. AS/RO/2023 May 3, 2023
TO WHOM IT MAY CONCERN
This is to certify that the Aliya of Darul Huda Islamic Academy,
Kerala, INDIA with English of Senior Secondary School
Certificate (10+2)/ Intermediate Standard has been recognized
by the Jamia Millia Islamia, New Delhi, as equivalent
10+2/Intermediate for the purpose of admission to B.A/B.A.
(Hons) 1st year programme of the University."
11. We thus find that the Academy from where the petitioner was
issued 10th and 12th class certificates is a recognised madarsha for
the purposes of admission to the B.A/B.A. (Hons.). Jamia Millia
Islamia is a Central University governed by Jamia Millia Islamia
Act of 1988 and is fully funded by the University Grants
Commission (UGC) and is accredited as A++ by the NAAC. The
said University awarded the petitioner the degree of Bachelor of
Arts (Hon.) Sociology. Jamia Millia Islamia has also issued a
letter dated 03/05/2023 which clarifies that the Academy is
recognised with Jamia Millia Islamia and it is certified that the
Academy with English of Senior Secondary School Certificate
(10+2)/ Intermediate Standard has been recognised by the Jamia
Millia Islamia, New Delhi, as equivalent to 10+2/ Intermediate for
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the purpose of admission to B.A/B.A. (Hons.) 1 st year programme
of the University.
12. According to us, in the light of the aforesaid character of the
Jamia Millia Islamia University, it would be unfair to declare the
petitioner ineligible and that too when he had completed 4 out of
6 semesters of the LLB degree course. On the basis of an
undertaking given, the petitioner has now completed 6 semesters
and has cleared LLB examinations from respondent no.4 - Rizvi
College. There is nothing on record to arrive at a conclusion that
the petitioner is at fault in any manner or for that matter, has
concealed any material particulars or is guilty of misrepresentation
while obtaining admission for the LLB course. We therefore have
no hesitation in allowing this petition in the facts and
circumstances of the present case in terms of prayer clauses (a),
(b) & (c) which reads thus :
"(a) For a writ of mandamus or a writ, order or direction in the nature
of mandamus or any other appropriate writ, order or direction
directing the Respondents No. 1 to 4 to issue the Petitioner's sixth
semester marksheet and LLB graduation certificate in due course
along with the other eligible students of the Petitioner's batch:
(b) For a writ of certiorari or a writ, order or direction in the nature of
certiorari or any other appropriate writ, order or direction quashing
and setting aside the impugned letter dated 01.04.2023 issued by
Respondent No. 2 declaring the Petitioner as ineligible to undertake
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the course of LL.B in the Respondent No. 4 college under the
University of Mumbai in the batch of 2021-2024, annexed at Exhibit
(c) For a writ of mandamus or a writ, order or direction in the nature
of mandamus or any other appropriate writ, order or direction
directing the Respondent No. 4 to return the original documents of the
Petitioner's qualifications which the Petitioner had submitted at the
time of admission."
13. Before parting, we find it necessary to observe that the
University issues circulars to ensure that the Colleges implement
the directions contained in the University Circular issued every
year laying down the process for enrollment and eligibility for that
Academic Year, including the constitution of an Admission
Committee, which is tasked to carry out a verification exercise as
detailed in the said Circular, prior to granting provisional
admission to the students. We are of the firm view that the
Colleges must scrupulously follow these instructions to avoid
situations which seriously affect the students for no fault on their
part.
14. While granting provisional admission to the students, the
Admission Committee must verify the eligibility of the students in
the context of the courses to which they seek admission as per the
University Ordinances and Circulars issued from time to time.
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The College/s should submit the Eligibility forms along with the
other necessary documents of the students admitted by it to the
University of Mumbai, as per the schedule set out in the Circular
issued by the University laying down the process for Enrollment
and Eligibility every year, which is binding on the College/s. The
submission of the same by the College/s shall in any event be not
later than 2 months from the date of admission of the students, to
enable the University to process the eligibility applications within 6
months thereafter, upon receipt of the eligibility forms and the
other necessary documents from the college.
15. In the event the College fails to carry out the aforementioned
verification exercise and/or to the submit the Eligibility forms and
the other necessary documents of the students admitted by it
within the prescribed time frame, the University shall be at liberty
to take necessary action against the erring College, including
disaffiliation of such a College. In addition to the action at the end
of the University, the College is also liable to be proceeded against
by the aggrieved student for the academic loss caused thereby.
16. These directions were necessitated considering that most of
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the times, at the fag end of the course, the issue of eligibility is
raised, seriously jeoparding the academic prospects of the
students. The students undergoing the graduation/post graduation
course should not suffer as a result of delay on the part of the
University/ Colleges in deciding the question of eligibility. The
University of Mumbai may do the needful to bring these directions
to the notice of the Colleges affiliated to it.
17. The petition is disposed of. No costs.
(N.R.BORKAR, J.) (M.S.KARNIK, J.)
