19 Jun 2023 11:41 AM GMT
The Gujarat High Court has strongly criticized the National Institute of Design (NID), Ahmedabad, for canceling the admission of a meritorious candidate solely based on the non-issuance of a certificate in a specific format by her previous institution.The court said it was not within NID's domain or authority to dictate terms to the applicant's present institution regarding the format of...
The Gujarat High Court has strongly criticized the National Institute of Design (NID), Ahmedabad, for canceling the admission of a meritorious candidate solely based on the non-issuance of a certificate in a specific format by her previous institution.
The court said it was not within NID's domain or authority to dictate terms to the applicant's present institution regarding the format of the certificate. It further emphasized that while the applicant could have provided a certificate stating the expected declaration date of the results, NID could not compel the University of Delhi to issue a certificate with a specific date.
"In the prima facie opinion of this Court, it would be absolutely within the discretion of the respondent no.2 Institution as in the instant case to issue such a certificate in favour of the candidate or not. It also requires to be noted that non-issuance of the certificate by the respondent no.2 Institution in a particularly format as required by the respondent no.1 Institution ought not to have resulted in the respondent no.1 canceling the admission of a meritorious candidate like the present petitioner more particularly since a candidate could not be expected to have any control over the manner in which a certificate is issued by the respondent no.2 Institution," said the court.
The applicant Tvisha Hitesh Garg had applied for Master of Design course with NID and after the examination procedure was over, she had been declared cleared. She had secured 5th rank in the general category in the concerned subject. After completing the examination procedure, she received an email from NID, informing candidates that the requirement of a provisional degree certificate had been relaxed. Instead, they were asked to submit a self-undertaking and a letter on the official letterhead of their university, declaring their appearance for the final qualifying examination without any backlogs.
University of Delhi, where the applicant had been studying, issued a certificate to NID in the required format, with the exception of mentioning that the results of the final year examination would be declared by June 30. However, the NID canceled the applicant's candidature due to the certificate not conforming to their prescribed format. Even as Delhi University subsequently issued the certificate in the particular format, the NID did not reconsider the decision,
The applicant subsequently approached the court challenging the cancellation of her admission.
Justice Nikhil S Kariel called NID's actions highhanded and arbitrary and noted that the Admission Handbook for 2023-24 did not require candidates to submit a certificate from their present institution. The requirement of a provisional degree certificate had already been waived by NID itself, as communicated through an email to the candidates, the court noted.
“While the candidate could have given a certificate inter alia submitting that the results of the examination would be declared by a particular date whereas, the respondent no.1 Institution could not require the respondent no.2 Institution, as the case may be, to give a certificate that the results would be declared by a particular date,” the court said.
The court issued notice for final disposal to the respondents and directed that the seat which could be allotted to the petitioner should be kept vacant until the returnable date.
Case Title: TVISHA HITESH GARG vs. THE NATIONAL INSTITUTE OF DESIGN R/SPECIAL CIVIL APPLICATION NO. 10082 of 2023
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