Gujarat High Court
Mihir Pravinbhai Akbari vs Sardar Vallabhbhai National Institute ... on 5 August, 2022
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
C/SCA/3283/2021 ORDER DATED: 05/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3283 of 2021
=====================================================
MIHIR PRAVINBHAI AKBARI
Versus
SARDAR VALLABHBHAI NATIONAL INSTITUTE OF TECHNOLOGY &
1 other(s)
=====================================================
Appearance:
MR MEET A SHAH(9933) for the Petitioner(s) No. 1
MS MEGHA JANI(1028) for the Respondent(s) No. 1,2
=====================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 05/08/2022
ORAL ORDER
1. By way of this writ application the writ applicant has prayed for the following reliefs :-
"A. This Hon'ble Court may be pleased to admit and allow the petition;
B. This Hon'ble Court may be pleased to issue a writ of mandamus and/or prohibition or any other appropriate writ, order or directions declaring that the impugned decision dated 11.02.2021 (Annexure - A) by the respondent no.2 is unjust, improper, arbitrary, discriminatory, irrational, and illegal and be pleased to quash and set aside the impugned decision dated 11.02.2021 of the respondent no.2 (Annexure - A) and further be pleased to directs the respondents to permit the petitioner to continue his study with the respondent no.1 institute without any hindrance;
C. Pending admission, hearing and final Page 1 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 disposal of this petition, this Hon'ble Court may be pleased to stay the operation, implementation and execution of the impugned decision dated 11.02.2021 (Annexure - A) of the respondent no.2 and be pleased to direct the respondents to not to take any coercive and adverse action against the petitioner;
D. Any other and further relief or reliefs which this Hon'ble Court deems fit in the interest of justice and equity in the favour of the petitioner."
2. It appears that the writ applicant was granted admission in M.Tech.-I(TEP) at SVNIT, Surat in the respondent institute and the writ applicant has completed his Bachelor of Engineering (Civil) from the Maharaja Sayajirao University of Baroda (in short 'MS University') in the year of 2019. The writ applicant applied online on 19.05.2020 for admission in Post Graduate Program through the CCMT portal on 19.05.2020 and the writ applicant was issued the provisional letter for seat allotment dated 11.08.2020 and accordingly, the writ applicant paid the seat acceptance fees of Rs.30,000/-. All the documents including Degree Certificate and Certificate of CGPA dated 19.03.2020 issued Page 2 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 by the MS University as sought for by the CCMT were submitted by the writ applicant and the verification of the online submitted documents was undertaken by the CCMT on 14.07.2020. It appears that all the documents were found in order and the online verification certificate came to be issued to the writ applicant. In September, 2020, the online classes commenced and the writ applicant regularly attended the said classes. The writ applicant appeared in the mid semester online examination held in November-December 2020 and successfully passed the said mid-semester examination and the writ applicant also appeared in the final examination of Semester - I i.e. end semester examination held in January-2021 and the result of the same is yet to be declared. The writ applicant physically reported to the respondent No.1 institute on 27.01.2021 and submitted all the documents as well as student profile as required. After physical verification of all the documents, the writ applicant was issued final Page 3 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 admission letter dated 27.01.2021 along with receipt of fees. The online classes of second semester were scheduled to commenced from 25.01.2021 and commenced from February-2121 and the writ applicant was regularly attending the classes of second semester. The respondent No.2 called the writ applicant on 01.02.2021 and informed that his admission is likely to get cancelled as he does not fulfill the admission eligibility criteria of CCMT. On 11.02.2021, the writ applicant received an email from respondent No.2 that the admission of the writ applicant in M.Tech.-I (TEP) at respondent no.1 institute is likely to cancelled. A communication dated 11.02.2021, duly produced at page 19, Annexure A reads thus :-
"Dear Mihir, This is to inform you that your admission in M.Tech-I (TEP) at SVNIT, Surat is likely to get cancelled as your not fulfilling the eligibility criteria and rules formed by CCMT. The message regarding this is already conveyed to you on 01/02/2021.
Hitesh R. Jariwala."
3. Being aggrieved by the aforesaid communication, Page 4 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 the writ applicant is constrained to approach this Court. While issuance of notice, interim relief came to be granted in favour of the writ applicant by order dated 16.02.2021.
4. Ms. Megha Jani, the learned advocate appearing for the respondents relying on the affidavit filed by the respondent institute and submitted that the writ applicant failed to comply with the admission eligibility criteria of the respondent institute and therefore, the respondents university was compelled to issue intimation E-mail dated 11.02.2021 for cancellation of admission. Ms. Megha Jani, the learned advocate appearing for the respondents also submitted that the eligibility requirement and procedure of admission through CCMT - 2020, as stipulated in the Information Brochure is :
To be eligible for the M.Tech programme, candidates must have (i) a valid G.A.R.E. score of the year 2018/2019/2020, and (ii) should have passed with at least 6.5 CGPA (on a 10 point Page 5 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 scale) or 60% for GEN/GEN-EWS/OBS, awarded by a recognised univesity / institute. Article 2 of the Information Brochure very clearly mentions that only primary modes of evaluation (CGPA or percentage) would be considered and that conversation from CGPA to percentage or vice versa would not be considered for admission.
5. Ms. Megha Jani, the learned advocate appearing for the respondents also relied on the eligibility requirements i.e. A candidate to be eligible for M. Tech/M.Arch./M.Plan. program :
Must have a valid GATE Score of the year 2018/2019/2020.
In qualifying degree, the candidates should have passed and secured at least 6.5 CGPA (on a 10- point scale) or 60% for GEN/GEN-EWS/OBC, whereas
6.0 CGPA (on a 10 - point scale) or 55% in case of SC/ST/PwD candidates. The above mentioned CGPA/Percentage should be awarded by a recognized University/Institute. Only primary mode of evaluation (CGPA or Page 6 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 percentage) as mentioned in the qualifying degree certificate/mark sheet shall be considered while verifying eligibility. Conversion from CGPA to percentage or vice versa given by individual Institute /University will not be allowed.
6. Relying on the same, Ms. Megha Jani, the learned advocate appearing for the respondent submitted that the writ applicant was not fulfilling the eligibility criteria as laid down by the respondent institute.
7. Having heard the learned advocates appearing for the respective parties, in view of this Court, the writ applicant herein has permitted to continue study by interim order dated 16.06.2021.
8. It is stated by Mr. A.D. Oza, the learned advocate appearing with Mr. Meet Shah, the learned advocate appearing for the writ applicant that the applicant has also Graduated and provisional degree certificate is also Page 7 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 issued to the writ applicant on 28.07.2022.
9. In view of this Court, in the facts and circumstances of the present case, more particularly, in view of the fact that the writ applicant was granted admission by the respondent university and the writ applicant was permitted to continue studies for two semesters without raising any objections and the writ applicant came to be issued email for cancellation of admission way back on 11.02.2021. Without adjudicating on merits of the matter, in view of the peculiar facts and circumstances of the present case, the prayers as prayed for by the writ applicants required to be allowed. The writ applicant has completed entire course of M.Tech.-I(TEP) from respondent institute and at this stage, the admission of the writ applicant should not be cancelled. In view of this Court, admission is not to be disturbed accordingly.
10. The present writ application stands allowed Page 8 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022 C/SCA/3283/2021 ORDER DATED: 05/08/2022 in terms of paragraph No.9B. The present order is passed in the peculiar facts and circumstances of the present case and the same may not be treated as precedent. Since, the writ application is allowed, the Regular Degree Certificate be issued to the writ applicant.
11. Mr. A.D. Oza, the learned advocate appearing with Mr. Meet Shah, the learned advocate appearing for the writ applicant on instructions submitted that the writ applicant would not claim stipend which has accrued for the aforesaid course. However, the same would not come in the way of the writ applicant seeking issuance of the Degree Certificate so far as the aforesaid course is concerned.
12. The present writ application stands allowed, accordingly.
(VAIBHAVI D. NANAVATI,J) Pallavi Page 9 of 9 Downloaded on : Mon Aug 08 20:34:31 IST 2022