Mumbai News

‘Disqualified’ LLB student declared ‘eligible’ by Bombay HC – Times of India

Bombay high court

Mumbai: Bombay high court has directed a law college to hence forth bring to the notice of all applicants, during the beginning of the admission process, about the mandatory or discretionary eligibility criteria and that on its non-compliance “no admission would be granted under any circumstance”.
The HC passed the order while however granting relief to one final year student of a three year LLB degree course observing that she was informed of her ineligible status very belatedly.
The HC bench of Justices R D Dhanuka and Abhay Ahuja on November 25 directed a law college on Mira Road to apply for an eligibility certificate for the petitioner, a 37-year-old woman and permitted her to appear for her examination.
The final year student had moved the HC to challenge her “disqualification” which her counsel Sandesh Patil said was communicated to her only when she was to appear for her fifth semester examination. She was told that since she didn’t have the requisite minimum percentage of marks in her qualifying degree examination she was not eligible for the law course.
After hearing the counsel for the college, Manorama Mohanty and advocate Manoj Paryani for Mumbai University, the HC held, “The petitioner is not at fault because of the non-communication on the part of the university or the college about such order passed by the university belatedly or by not considering the issue of eligibility at the threshold.”
The HC said, “Since the petitioner was already allowed to appear for the CET examination and after passing was granted admission by the college, the university after lapse of substantial period and that also more particularly, the petitioner having passed 4 semesters out of 6 semesters could not have declared the petitioner ineligible by placing reliance on an eligibility clause.”
In its order however, the HC reiterated that the exception has only been made for the facts of her case and would not be considered a precedent in any other matter for other students.
The HC directed the university to declare her eligible within 48 hours for the final two semester examinations and permitted her to appear for the examinations. The university is to grant her eligibility certificate expeditiously too.

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Source: https://timesofindia.indiatimes.com/city/mumbai/disqualified-llb-student-declared-eligible-by-bombay-hc/articleshow/87955409.cms