Bombay High Court
Rafi Mohammad Abdul Fathima vs University Of Mumbai Through Its ... on 26 June, 2025
Author: M.S.Karnik
Bench: M.S.Karnik, N.R.Borkar
2025:BHC-OS:9882-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
URMILA
PRAMOD
by URMILA
PRAMOD
INGALE
ORDINARY ORIGINAL CIVIL JURISDICTION
Date:
INGALE 2025.07.02
19:07:12 +0530
WRIT PETITION (L) NO. 30004 OF 2024
Rafi Mohammad Abdul Fathima ... Petitioner
Versus
University of Mumbai and ors. .... Respondents
****
Mr. Mihir Desai, Senior Advocate a/w. Ms. Pritha Paul for the
Petitioner.
Mr. Rui Rodrigues a/w. Mr. Jainendra Sheth for Respondent Nos. 1.
Mr. Chowdhari Moin a/w. Mr. Arvind Kothari ib Arvind Kothari for
Respondent No.4.
Mr. K. K. Mishra (Through V.C.) a/w. Ms. Seema Dighe for JMI
University.
Ms. Nazia Sheikh, AGP for the Respondent-State.
****
CORAM : M.S.KARNIK AND
N.R.BORKAR, JJ.
DATE : 26th JUNE, 2025
JUDGMENT (PER M.S.KARNIK, J.) :
1. The petitioner is aggrieved by the action of the respondents in not issuing 6th semester mark-sheet and LLB graduation certificate to the petitioner on the ground that he is an ineligible student, having acquired his school education certificates from the 'Board' not listed on the Council of Boards of School Education ("COBSE", for short) website. The facts of the case in brief are as under : 1 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 :::
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2. The petitioner completed his 10th standard from Aliya Darul Huda Islamic Academy, Kerala in the year 2011 ("the Academy", for short). The petitioner completed his 12 th standard from the Academy in the year 2013. The petitioner graduated with a Bachelor of Arts (Honours) degree in Sociology from Jamia Millia Islamia University in 2019. The petitioner took the Maharashtra Common Entrance Test (CET) Law examination and was qualified to take admission in one of the law colleges under the University of Mumbai.
3. The petitioner sought admission in the course of LLB in the respondent no.4 - Rizvi Law College. The petitioner's documents were duly checked and verified by the college and the petitioner's admission was approved by the Admission Regulating Authority. The petitioner was also issued PRN (Permanent Registration Number).
4. The petitioner was admitted to respondent no.4 -college on 06/05/2022. The petitioner's eligibility forms and documents were sent by the respondent no. 4-college to the University of Mumbai. The petitioner was declared ineligible by the University 2 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt of Mumbai on 01/04/2023. After completion of the petitioner's 4 th semester examination, the petitioner was informed of his ineligibility as declared by the University of Mumbai in July 2023. The petitioner gave an undertaking regarding his eligibility on 21/12/2023. The petitioner completed his LLB course on 25/06/2024 and his statement of marks was issued for all 6 semesters. However, his documents were withheld by the respondent no. 4 - college and the University.
5. Learned Senior Advocate Shri Desai submitted that Jamia Millia Islamia recognised the Academy for B.A admission vide notification dated 03/05/2023. The same is stated by Jamia Millia Islamia in its affidavit dated 22/10/2024 filed in this Court. Learned Senior Advocate submitted that Banaras Hindu University also recognised the Academy for B.A. admission vide communication dated 30/10/2021. It is further submitted that Jawaharlal Nehru University also recognises the Academy for B.A. admission. It is then submitted by learned Senior Counsel that Maulana Azad National Urdu University also recognised the Academy for B.A. admission vide notification dated 08/02/2023. 3 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 :::
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6. On the other hand, learned counsel Shri Rodrigues for the respondent-University opposed the petition. Shri Rodrigues submitted that the respondent-college has failed to follow the procedure for enrollment and eligibility certificate for the academic year 2021-22 prescribed by the University. It is submitted that the students who have passed from Board of Secondary and Higher Secondary education other than Maharashtra State and University of Mumbai require eligibility certificate. It is submitted that so far as the Boards from other states are concerned, eligibility has to be ascertained after ensuring that their qualifying examinations are approved by the COBSE/UGC/AIU/IAU/AICTE on the website of the concerned bodies or boards. It is then submitted by Shri Rodrigues that every college has to constitute an Admission Committee based on the UGC guidelines and instructions. It is submitted that admission has to be given as per the ordinance and circular of University of Mumbai which respondent no. 4- college has breached. Shri Rodrigues was at pains to point out that college must give provisional admission to such students only after verifying the fulfillment of the eligibility criteria for the concerned 4 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt courses and that the respective colleges are required to be held responsible for admitting non eligible students.
7. We have also gone through the affidavit in reply filed on behalf of the Mumbai University. In the affidavit it is stated that Academy does not feature in the list of recognised boards published by COBSE and therefore in terms of unnumbered clause 2 of the University circular, it is stated that the petitioner is not eligible for pursuing the LLB degree course in the respondent no.3 college affiliated to the University. It is stated that the petitioner has not demonstrated as to how the respondent no.5 is recognised/ authorised to award Class X (Secondary Level Certificate) and Class XII (Senior Secondary Level Certificate) certificates. Shri Rodrigues submitted that it is not known as to what the respondent no. 5 owes its existence to.
8. Heard learned counsel. Before we advert to the controversy in the present petition, a brief reference to the decision of this Court dated 19/12/2024 in 1Ahmad Umair Affan Naseem Qamar Vs. University of Mumbai would be profitable. This Court was considering the case of the petitioner therein who was pursuing his 1 Writ Petition (L) No. 28977 of 2024 dated 19/12/2024 of Bombay High Court 5 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt three years LLB course at the college affiliated to the University of Mumbai. The petitioner sought direction to treat his admission at the LLB course as valid and a declaration that he was eligible to seek admission at the said course and complete the same. The petitioner after his 10th standard examination took admission at the Jamia Millia Islamia Higher Secondary School and passed his 12th standard examination. Thereafter he obtained his three years graduation in Bachelor of Arts (B.A) from Jamia Millia University in 2020. It was the contention of the University that the petitioner was held ineligible as he had passed the 12 th standard examination from Jamia Millia Islamia that was not placed in the list of recognised educational boards published by the Council of Boards of School Education- COBSE. This Court in paragraphs 6 & 7 while holding the petitioner therein as eligible observed thus:
" 6. We have heard the learned counsel for the parties and we have also perused the relevant documents on record. It can be seen that after the petitioner passed his XII standard examination in Summer - 2017 from Jamia Millia Islamia, he was issued a Senior School Certificate. Such certificate has been treated to be equivalent for the purpose of seeking admission in schools affiliated to the Central Board of Secondary Education - CBSE. The communication dated 30 th November 2021 issued by the CBSE indicates the aforesaid. The petitioner then obtained his Bachelor of Arts degree in the subject of Geography from Jamia Millia Islamia University. It is thereafter that the petitioner appeared for the Common Entrance Test, 2021-22 conducted by the State Common Entrance Test Cell. On being successful, he was granted admission at the Three Years LL.B. course at the 6 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt respondent no.4-College. The Admissions Regulation Authority approved the admission of the petitioner, as could be seen from the communication issued by the Chairman, Admissions Regulating Authority (page 84 of the writ petition). The petitioner accordingly took instructions in all the three years of the said LL.B. course. He cleared all the five semesters at the said examination and it is only when the results of the 6 th semester were to be declared that he has been sought to be treated as ineligible for seeking admission. Circular No.1049 of 2021 dated 12th November 2021 is sought to be relied upon on the premise that the petitioner had passed his XII standard examination from a board that was not recognized by COBSE. In this regard, it can be seen that the CBSE has by its communication dated 30th November 2021 clarified that students who have passed the class Xth examination from Jamia Millia Islamia are entitled to seek admission in class XI in schools affiliated to the CBSE and vice-versa. This would mean that the Senior School Certificate (Class XII) issued to the petitioner by Jamia Millia Islamia is equivalent to such certificate issued by a school recognized by the CBSE. It is therefore clear that after obtaining his Higher Secondary School Certificate from an Institute that was equivalent to an Institute recognized by the CBSE, the petitioner completed his graduation. Thus, the ground of ineligibility sought to be raised by the University by relying upon Circular No.1049 of 2021 would not be attracted in the present case. The Seniormeritorium School Certificate (Class XII) having been issued to the petitioner from an Institute equivalent to an Institute affiliated by the CBSE, it cannot be said that the petitioner was ineligible for being admitted to the Three Years LL.B. course.
7. Even otherwise, we find that the objection with regard to the petitioner's ineligibility is being raised at the fag-end of completion of his Three Years LL.B. course. The Admissions Regulating Authority had approved the petitioner's admission in the academic year 2021-22. The petitioner thereafter has completed his education for all the Three Years and has appeared for the 6 th semester examination. If an objection as regards his ineligibility would have been raised at the inception or at least by the end of the first year of his education, the petitioner would have taken appropriate steps in that regard. Having permitted the petitioner to complete his entire education and thereafter seeking to raise an issue about his ineligibility after the petitioner appeared for the 6 th semester examination does not appear to be justified in the present facts. It is not the 7 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt grievance of the Mumbai University that any material facts or documents were suppressed by the petitioner while seeking admission. Thus, on the ground that the issue with regard to the petitioner's ineligibility is being raised at the fag-end of his academic course, that objection is not liable to be upheld."
9. In the present case, the relevant portion of affidavit in reply filed on behalf of respondent no. 6- Jamia Millia Islamia University needs to be referred to help resolve the controversy which reads thus :
"3. That Respondent No. 6 is a Central University, governed by the Jamia Millia Islamia Act of 1988. It is submitted that the respondent University is fully funded by the University Grants Commission (UGC) and is accredited as A++ by the NAAC.
6. It is submitted that the petitioner Mohammed Rafi got admission to Bachelor of Arts (Hons) Sociology (Private) with enrollment no 16-11777 and with Examination roll no 16BSOP026 in the year of 2013 on the basis of his 12 standard certificate issued from Aliya Darul Huda Islamic Academy, Kerala, India.
7. It is further submitted that Mohammed Rafi enrollment no 16- 11777 and with Examination roll no 16BSOP026 was awarded the degree of the Bachelor of Arts (Hons.) Sociology by the Jamia Millia Islamia, University in the year of 2019."
10. In paragraph 8, Jamia Millia Islamia University has pointed out that the Academy, is a recognised madarsha for the purposes of admission to the B.A/B.A. (Hons.). In paragraph 9 of the said affidavit it is stated as under :
9. It is relevant to point out that the Asstt. Registrar, Academic Section Jamia Millia Islamia has also issued a letter F. No. AS/RO/2023 dated 03.05.2023, which clarifies that the Aliya Darul Huda Islamic Academy, Kerala, India is recognized with the Jamia 8 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt Millia Islamia. The relevant part of the letter F. No. AS/RO/2023 dated 03.05.2023 issued by Asstt. Registrar, Academic Section Jamia Millia Islamia is reproduced herein as under:
F. No. AS/RO/2023 May 3, 2023
TO WHOM IT MAY CONCERN
This is to certify that the Aliya of Darul Huda Islamic Academy, Kerala, INDIA with English of Senior Secondary School Certificate (10+2)/ Intermediate Standard has been recognized by the Jamia Millia Islamia, New Delhi, as equivalent 10+2/Intermediate for the purpose of admission to B.A/B.A. (Hons) 1st year programme of the University."
11. We thus find that the Academy from where the petitioner was issued 10th and 12th class certificates is a recognised madarsha for the purposes of admission to the B.A/B.A. (Hons.). Jamia Millia Islamia is a Central University governed by Jamia Millia Islamia Act of 1988 and is fully funded by the University Grants Commission (UGC) and is accredited as A++ by the NAAC. The said University awarded the petitioner the degree of Bachelor of Arts (Hon.) Sociology. Jamia Millia Islamia has also issued a letter dated 03/05/2023 which clarifies that the Academy is recognised with Jamia Millia Islamia and it is certified that the Academy with English of Senior Secondary School Certificate (10+2)/ Intermediate Standard has been recognised by the Jamia Millia Islamia, New Delhi, as equivalent to 10+2/ Intermediate for 9 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt the purpose of admission to B.A/B.A. (Hons.) 1 st year programme of the University.
12. According to us, in the light of the aforesaid character of the Jamia Millia Islamia University, it would be unfair to declare the petitioner ineligible and that too when he had completed 4 out of 6 semesters of the LLB degree course. On the basis of an undertaking given, the petitioner has now completed 6 semesters and has cleared LLB examinations from respondent no.4 - Rizvi College. There is nothing on record to arrive at a conclusion that the petitioner is at fault in any manner or for that matter, has concealed any material particulars or is guilty of misrepresentation while obtaining admission for the LLB course. We therefore have no hesitation in allowing this petition in the facts and circumstances of the present case in terms of prayer clauses (a),
(b) & (c) which reads thus :
"(a) For a writ of mandamus or a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents No. 1 to 4 to issue the Petitioner's sixth semester marksheet and LLB graduation certificate in due course along with the other eligible students of the Petitioner's batch:
(b) For a writ of certiorari or a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned letter dated 01.04.2023 issued by Respondent No. 2 declaring the Petitioner as ineligible to undertake 10 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt the course of LL.B in the Respondent No. 4 college under the University of Mumbai in the batch of 2021-2024, annexed at Exhibit
(c) For a writ of mandamus or a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent No. 4 to return the original documents of the Petitioner's qualifications which the Petitioner had submitted at the time of admission."
13. Before parting, we find it necessary to observe that the University issues circulars to ensure that the Colleges implement the directions contained in the University Circular issued every year laying down the process for enrollment and eligibility for that Academic Year, including the constitution of an Admission Committee, which is tasked to carry out a verification exercise as detailed in the said Circular, prior to granting provisional admission to the students. We are of the firm view that the Colleges must scrupulously follow these instructions to avoid situations which seriously affect the students for no fault on their part.
14. While granting provisional admission to the students, the Admission Committee must verify the eligibility of the students in the context of the courses to which they seek admission as per the University Ordinances and Circulars issued from time to time. 11 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 :::
Ingale wpl-30004-24.-final odt The College/s should submit the Eligibility forms along with the other necessary documents of the students admitted by it to the University of Mumbai, as per the schedule set out in the Circular issued by the University laying down the process for Enrollment and Eligibility every year, which is binding on the College/s. The submission of the same by the College/s shall in any event be not later than 2 months from the date of admission of the students, to enable the University to process the eligibility applications within 6 months thereafter, upon receipt of the eligibility forms and the other necessary documents from the college.
15. In the event the College fails to carry out the aforementioned verification exercise and/or to the submit the Eligibility forms and the other necessary documents of the students admitted by it within the prescribed time frame, the University shall be at liberty to take necessary action against the erring College, including disaffiliation of such a College. In addition to the action at the end of the University, the College is also liable to be proceeded against by the aggrieved student for the academic loss caused thereby.
16. These directions were necessitated considering that most of 12 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 ::: Ingale wpl-30004-24.-final odt the times, at the fag end of the course, the issue of eligibility is raised, seriously jeoparding the academic prospects of the students. The students undergoing the graduation/post graduation course should not suffer as a result of delay on the part of the University/ Colleges in deciding the question of eligibility. The University of Mumbai may do the needful to bring these directions to the notice of the Colleges affiliated to it.
17. The petition is disposed of. No costs.
(N.R.BORKAR, J.) (M.S.KARNIK, J.) 13 ::: Uploaded on - 02/07/2025 ::: Downloaded on - 05/07/2025 11:41:03 :::