Can't Direct University To Lower Cut-Off Standard: Bombay HC Refuses To Quash Mumbai Varsity Decision Cancelling Admission After 4 Semesters

While refusing to interfere with Mumbai University's decision to cancel the admission of a student after completion of four semesters due to insufficient marks in the International Baccalaureate (IB) programme, the Bombay High Court observed that if the student did not secure the predicted grades, the Court cannot direct the university to lower the cut-off standard.A division bench of A.S. Chandurkar and M.M. Sathaye considered the petitioner's challenge to Mumbai University's decision, which held the petitioner ineligible for the B.Voc (Interior Design) degree course.After completing her 10th grade, the petitioner enrolled in the two-year International Baccalaureate (IB) Diploma programme. The petitioner gave her 12th IB Board examination and the results were awaited. The IB Board students are allowed to apply to the colleges after receiving a temporary/provisional eligibility certificate from the University. The petitioner thus applied for an eligibility certificate at Mumbai University for the academic year 2019-20. This was based on 'predicted grades' of the petitioner under the IB programme.The university issued a 'prima facie eligibility certificate' for admission to the degree course subject to the condition that the petitioner passes the IB diploma with a minimum 24 credit points.Subsequently, the petitioner was allotted a seat in B.Voc degree course and she completed two years of the course. The petitioner could not pass all the subjects, but she was permitted on ATKT basis (allowed to keep term). However, the petitioner later received an email from the University stating that her admission in B.Voc Interior Design degree course stands cancelled as she failed to meet the minimum 24 points requirement for the IB diploma.The petitioner thus challenged the University's decision and contended that cancellation of her eligibility after completing two years of course is not justified. The petitioner relied on the case of Rohan Ravindra Thatte v. University of Mumbai and Ors (2024 LiveLaw (Bom) 29), where the Bombay High Court quashed the Mumbai University's decision to declare a student as ineligible for the 3-year LL.B. course after he had already completed two out of six semesters. The Court had observed that it would not be fair to inform the student about their ineligibility at the fag end of the course.On the other hand, the respondent-university submitted that the petitioner has not scored as per the predicted IB points. It also stated that the petitioner submitted her IB certificate to the college only in August 2022 and therefore there was no fault of the college. The Court observed that the University was not incorrect in specifying the criteria of scoring minimum 24 IB points for being eligible to pursue the degree course. It stated that the Court cannot direct the University to lower the cut-off standard if the petitioner does not score the necessary cut-off points. “In any case, in our considered view, there is nothing wrong with the University insisting upon meeting with the criteria of scoring minimum 24 IB points for being eligible to pursue the degree course as per its policy under the circular mentioned above. If the Petitioner does not score the necessary cut-off points, the Court cannot direct the University to lower the cut-off standard.”The Court also noted that University did not contribute to any delay. It observed, “If the students like the Petitioner choose to complete their schooling from IB board, which does not declare its result in time necessary for them to apply to further courses, and if the University gives necessary accommodation of issuing provisional eligibility based on predicted marks and then if the student does not actually score as per prediction, as in the present case, then the College or the University cannot be blamed.” It further stated that the decision relied by the petitioner did not involve the issue of regarding provisional eligibility being issued on predicted marks. It referred to Parakh Jaiprakash Shahal vs. Thakur College of Science and Commerce and Ors (2017), where the Bombay High Court held that since the petitioner had not secured the required points in the IB Board as per the predicted marksheet, the cancellation of admission was not incorrect. In view of the above, the Court thus dismissed the petition. Case title: Harshi Ramjiyani vs. State of Maharashtra & Ors. (Writ Petition No. 10643 Of 2023)Citation: 2025 LiveLaw (Bom) 45Counsel for Petitioner: Ms. Sakshi Mane Counsel for Respondents: Ms. Reena A. Salunkhe (r1/State), Mr. Girish J. Paryani (r2/University), Mr. Abhishek Ingale a/w Mr. Pradeep Kumar i/b C.R.Naidu & Co. (r3/College)Click Here To Read/Download Order

Can't Direct University To Lower Cut-Off Standard: Bombay HC Refuses To Quash Mumbai Varsity Decision Cancelling Admission After 4 Semesters

Sanjana Dadmi

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