Bombay High Court
Ivana Sameer Velani vs Principal Bhavans Colleage on 26 June, 2025
Author: M.S.Karnik
Bench: M.S.Karnik, N.R.Borkar
2025:BHC-OS:9658-DB
Ingale 911-wpl-18051-25.odt
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by URMILA
URMILA
PRAMOD
PRAMOD
INGALE ORDINARY ORIGINAL CIVIL JURISDICTION
Date:
INGALE 2025.06.30
14:49:35
+0530
WRIT PETITION (L) NO. 18051 OF 2025
Ivana Sameer Velani & ors. ... Petitioners
Versus
The Principal,
Bhavan's College and anr. .... Respondents
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Mr. Sanjeev B. Deore a/w Ms.Devakinandan R. Singh a/w
Mr.Arman Ansari i/b Ms.Suchita J. Pawar, for the Petitioners.
Ms.Satyapriya M. Rao, for Respondent No.1-College.
Mr. Rui Rodrigues a/w Mr. Jainendra Sheth, for the Respondent
No.2.
****
CORAM : M.S.KARNIK AND
N.R.BORKAR, JJ.
DATE : 26th JUNE, 2025
JUDGMENT (PER M.S.KARNIK, J.) :
1. Heard learned counsel for the parties. By this petition under Article 226 of the Constitution of India, the petitioners are challenging the letter/communication dated 09/05/2025 and letter dated 01/03/2025 issued by the respondent no.2-University of Mumbai and letter dated 23/04/2025 whereby respondent no.2 called upon respondent no.1-College to withhold the semester wise results and their degree certificate. The facts of the case in brief are as under :
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2. The petitioners took admission in the respondent no.1 - College in B.Sc (Computer Science) which is 3 year's integrated course some time in 2022-2023. The petitioners, at the time of filling admission forms, annexed all documents as essential criteria laid down by respondent no.1 for 3 years integrated degree course. The petitioners no. 1 & 2 completed their HSC i.e. Class 12 th in Science (Physics, Chemistry and Biology). The petitioners no. 1 & 2 do not have Maths as a compulsory subject. The petitioner no.3 completed Class 12th in Commerce with Maths as compulsory subject.
3. So far as eligibility for degree course of B.Sc (Computer Science) is concerned, it was necessary while seeking admission in B.Sc (Computer Science) that the students should have passed Class 12th in Science faculty along with Maths as compulsory subject. Though the petitioner no.3 had taken Maths as compulsory subject but petitioner no.3 was from Commerce faculty. The petitioners were thus not eligible to get the admission in the first year of the B.Sc (Computer Science) degree course. The petitioners while filling the admission form did not resort to any concealment or misrepresentation. On the basis of the details 2 ::: Uploaded on - 30/06/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale 911-wpl-18051-25.odt provided by them, the respondent no. 1 - College admitted them to B.Sc (Computer Science) degree course. It was for the respondent no.1 - College and respondent no.2- University to have verified the eligibility. However, University realised that the petitioners are not eligible after the respondent no.1-College informed the University in the year 2025. Respondent No.1 - College informed the petitioners on 09/05/2025 as under :
"Sub: Your non-eligibility for the program of B.Sc. Computer Science. Dear Sir/Madam, We are in receipt of University Letter No. 2240 of 2025 dated 01.03.2025 and No. 55 of 2025 dated 23.04.2025, wherein the college has been informed that you are not eligible for pursuing the B.Sc. Computer Science degree course. This is as per Ordinance 0.5719, wherein the candidate eligible for admission to the F.Y.B.Sc. Computer Science degree course should have passed the XII standard in the Science faculty with Mathematics as a compulsory subject. As you are non-eligible for the said program, you are required to surrender your original grade cards of Semesters I, II, III, IV, and V to the Principal within three days of receipt of this letter. Kindly be informed that, based on this communication from the University, your result for all the semesters of B.Sc. Computer Science stands null and void."
The petitioners were therefore called upon to surrender their original grade cards of Semesters, I, II, III, IV and V to the Principal within three days of receipt of this letter.
4. Learned counsel for the respondent no. 1- College candidly submitted that there was inadvertent error on their part while granting admission to the petitioners. It is however submitted that 3 ::: Uploaded on - 30/06/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale 911-wpl-18051-25.odt such an error was a bonafide one. There was delay in ascertaining the eligibility and it is only when the College informed the University that the University called upon the College to ask the students to surrender the original grade cards and withhold result of the semesters. Learned counsel for the respondent no.1 submitted that though there was inadvertent error in admitting the petitioners which was bonafide mistake, in any case, respondent no.1-College every year has submitted all necessary documents regarding eligibility to the University.
5. Learned counsel Shri Rodrigues appearing for the University while opposing the petition submitted that the College kept the University in dark. According to Shri Rodrigues there is a schedule within which time the College should have informed the University about the eligibility. This was not done by the College. It is submitted by Shri Rodrigues that at the fag end of the course which the petitioners undertook, the College has informed the University. In such circumstances Shri Rodrigues submitted that the petitioners are not entitled to any relief.
6. Learned counsel for the petitioners relied upon the decision of 4 ::: Uploaded on - 30/06/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale 911-wpl-18051-25.odt this Court in 1Rohan Ravindra Thatte Vs. University of Mumbai & in 2Sai Sesha Abhinay Kallepalli Vs. University of Mumbai. In the present case, it is seen that the petitioners do not have eligibility to get admission to the B.Sc (Computer Science) degree course which is 3 years integrated course. However, there is no misrepresentation or concealment on the part of the petitioners while securing admission. The petitioners have provided all necessary details while filling up admission form. Learned counsel for the respondent no. 1 - College submitted that on yearly basis necessary information was provided to the University. This is disputed by Shri Rodrigues. We find that it is at the fag end of the 3 years integrated course that the University raised an objection to the eligibility of the petitioners who secured admission on the basis of the information that was provided by respondent no.1 College.
7. In our opinion, respondent no.1-College should have noticed at the earliest within the period stipulated by the University that the petitioners were ineligible. In fact, there was a circular of the University which provides that all necessary information regarding eligibility has to be supplied by the College to the University within 1 Decision of Bombay High Court dated 15/01/2024 in Writ Petition (L) No.392/2023. 2 2024 SCC OnLine Bom 930.
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College submitted that except for these petitioners, there are no other ineligible students who are admitted. Learned counsel for the respondent no.1-College on instructions submitted that respondent no.1-College will be cautious in future and strictly adhere to the circular/instructions which has been issued by the University from time to time.
8. Only in the interest of justice at this distance of time at the fag end of the course and as we do not find any fault with the petitioners, we find it appropriate that the petitioners should not be made to suffer as they have virtually completed the entire 3 years integrated course. The petitioners have performed well and there is nothing adverse placed on record. In the peculiar facts and circumstances of the present case, we are inclined to allow the petition in terms of prayer clause (b) which reads thus:
"b) This Hon'ble Court be pleased to exercise the jurisdiction vested in it under Art 226 of Constitution of India and issue a writ of mandamus thereby directing the Respondents to immediately issue the Petitioners semester wise results as specified in the Para-5 of the Petition and also their BSC (Computers) degree certificate"
9. We record the assurance of the respondent no.1-College that 6 ::: Uploaded on - 30/06/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale 911-wpl-18051-25.odt henceforth they will be cautious while scrutinising eligibility of the students and that information will be supplied to University as per schedule prescribed by the University.
10. Writ petition is disposed of. No costs.
(N.R.BORKAR, J.) (M.S.KARNIK, J.) 7 ::: Uploaded on - 30/06/2025 ::: Downloaded on - 05/07/2025 11:41:03 :::