K. Sujatha vs Marathwada University on 21 September, 1993
(17) Learned counsel for the petitioner brought to my notice the judgment of the Hon'ble Supreme Court in K.Sujatha Vs. Marathwada University & Others reported in 1995 Supp (1) Supreme Court Cases 155 and the judgment of a Division Bench of this Court in Kanishka Aggarwal Vs. University of Delhi and others reported in 43 (1991) Delhi Law Times 670. In the first case the appellant before the Supreme Court was found to be ineligible for admission to Mbbs course as per the provisions in the University Ordinance. Still, the Supreme Court allowed the appellant to continue her studies on the ground that she had already been admitted to the course and had attended lectures and that no one else can utilise the seat in case the appellant therein was not permitted to join. In the second case relied on by the Counsel for the petitioner a Division Bench of this Court directed the University to allow the petitioner to continue his studies in the LL.B first year course even though it was found that he had not obtained the requisite percentage of marks for admission to the course. The case of the petitioner herein is much better since he was eligible and qualified for admission to the course and had topped in the written test and interview and was entitled to be admitted on the basis of merit. It may also be pointed out that in Sanatan Gauda appellant Vs. Berhampur University & Others, respondents , the Hon'ble Supreme Court held that the University cannot punish the student for the negligence of the Principal or the University Authorities.