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Uniform Mechanism Needed For Admissions; Instructions Should Be Clear To Avoid Confusion: Bombay HC [Read Judgment]

Apoorva Mandhani
13 Nov 2018 8:47 AM GMT
Uniform Mechanism Needed For Admissions; Instructions Should Be Clear To Avoid Confusion: Bombay HC [Read Judgment]
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The Bombay High Court recently highlighted the need for a uniform mechanism for admission process in the Universities in the State of Maharashtra, especially in matters pertaining to the submission of marks obtained by the students.

The Bench comprising Justice BR Gavai and Justice MS Karnik observed, “We find it appropriate that at least in all the Universities, which are under the control of State of Maharashtra, there should be some uniform practice as to whether the average marks are to be considered or as to whether only marks obtained in the final year are to be considered as marks obtained in a Graduation, so that such unnecessary situations are avoided.”

The court was hearing a petition filed by a student, Karan Shishir Sanjanwala, who had been denied admission due to an “error” in his CET Examination Form, where he had inadvertently mentioned marks secured by him in the final year of his graduation, instead of the average marks secured during his three-year degree course.

The court opined that this was on account of disparity in the procedure followed in different universities, observing, “In some Universities, marks obtained only in the last year are considered as marks obtained in the Graduation and some of the Universities consider the average of the marks obtained in all the years examinations, as marks while granting a degree.”

The petition was, therefore, allowed, directing the respondent authorities to regularise Karan’s admission for the first year LL.B. Course.

Before parting, the court also directed the respondent University to refrain from acting in a hyper­technical manner and denying admission to meritorious candidates only on the ground of inadvertent errors committed by them while entering their marks.

“We are of the considered view that hyper­technical approach should not be adopted while giving admission to the students to various courses and one uniform mechanism needs to be followed for the procedure of admission. The instructions for admission should be more clear to avoid any confusion to the students,” it further observed.

Read the Judgment Here

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