Bombay HC expresses concern about students and institutions who ‘waste their time in litigation in Courts’; issues directions [Read Judgment]

Update: 2016-04-18 14:21 GMT
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Expressing concern about the students and Institutions who waste their time in litigation in Courts, the Bombay High Court has directed the State Government and the Universities in the State of Maharashtra to evolve a mechanism by which the students at the beginning of the academic year are informed about the ineligibility of their admission and are prevented from unnecessary pursuing the...

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Expressing concern about the students and Institutions who waste their time in litigation in Courts, the Bombay High Court has directed the State Government and the Universities in the State of Maharashtra to evolve a mechanism by which the students at the beginning of the academic year are informed about the ineligibility of their admission and are prevented from unnecessary pursuing the course when not eligible.

The Division Bench comprising of Justices G.S. Kulkarni and S.C. Dharmadhikari also said that stern action should be taken against such institutions and colleges which are guilty of making such admissions of ineligible students.

These observations were made by the Court while dismissing a petition by a student praying for allowing her to appear for the Viva Voce examinations for the sixth semester in the engineering course in the Information Technology faculty (CBGS). The Court found that the student was not eligible for admission to the 5th and 6th semester for the academic year 2014¬-15 as her admission to Third year was provisional, that too by the college, in violation of Rules in this regard.

It was in this context, the court said “We would be failing in our duty if we do not sound a note of caution in such cases which would be in the interest of the institutions and the students. We are at pains to see number of such cases coming to the court at the fag end when the examination is about to commence. This is routinely happening. Many times it is seen that the institution is at fault for not scrupulously enforcing norms of the University in respect of matters which the University would want the institution to do. The students also many times being aware of the rules try to exploit the situation and try to create equities, and then approach the court at the fag end. In all these situations the students may ultimately suffer huge loss in terms of their academic career. Such situations which are not conducive to anyone are required to avoided. All mischief’s if any at which ever level are required to arrested and remedied at the threshold. This would result in maintaining of academic standards. It is least expected that the students and the institutions waste their time in litigation in Courts”.

Read the Judgment here.

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