HARSHI RAMJIYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge raised in this petition is to the order dtd. 30/08/2022 passed by Respondent No.2 - University, by which the Petitioner has been held 'not eligible' for pursuing the degree course of B.Voc. (Interior Design).

(2.) Few facts necessary for the disposal of this petition, are as under. The Petitioner completed her schooling till 10 th grade and thereafter, two years of International Baccalaureate ("IB', for short) Diploma programme from R.B.K. Education Institute, Kanakia International School, Chembur. The Petitioner gave her 12th IB board examination in April 2019 and her results were awaited. Since the admission process of many colleges usually commence prior to the assessment and announcement of the final IB board result, the IB Board students are allowed to apply to the colleges after receiving a temporary/provisional eligibility certificate from the University. The Petitioner accordingly applied for eligibility certificate on 13/05/2019 for the course of B.A., asserting that she has appeared IBDP-2 exam. This was based on 'predicted grades' of the Petitioner under the IB programme, as per certificate which is produced on record by the University, along with its affidavit-in-rely (Page 124). Apparently, this is an undated certificate predicting that the Petitioner will secure total 25 points. Pursuant to this application, Respondent No.2 - University issued a ' prima facie eligibility certificate' for admission to First year B.A./ B.M.S./ B.Com/ B.Com.(A&F)/ B.Com.(B&I)/ B.Com.(F.M.)/ B.M.M degree course for the academic year 2019-20, 'subject to condition that the Petitioner must have to full pass in IB Diploma with minimum 24 credit points as show, in the predicted mark-sheet'.

(3.) The case of the Petitioner is as under. She visited Respondent No.3 - College inquiring about courses and she was informed that eligibility for the said course of B.Voc. (Interior Design) was 12 th college certificate and passing of aptitude test. The Petitioner accordingly applied for B.Voc Interior Design degree course and gave an aptitude test. However, due to her low score in the aptitude test, she did not qualify. The college thereafter informed about an alternative that the Petitioner can take admission in Certified Course of School of Interior Design which does not require aptitude test for the current academic year 2019-20 and in the next year she can again give entrance examination for first year of B.Voc degree course. The Petitioner accordingly took admission in first year of certified course. After completing first year of certified course, the Petitioner followed the process for admission in first year of B.Voc Interior Design degree course for the academic year 2020-21 and applied on the website of the University and uploaded all the documents. The Petitioner thereafter again appeared for aptitude test for admission in B.Voc Interior Design degree course for the year academic year 2020-21, but did not score requisite marks. She was informed that she cannot be allotted a seat in the degree course. The Petitioner was asked to visit the College. On such visit with her parents, the College informed that it has certain seats reserved for management quota. Accordingly, a meeting was held between the Trustees of the College and the Petitioner's parents and thereafter, the Petitioner was allowed a seat in the first year of B.Voc degree course from management quota. The Petitioner thereafter, completed her first year 2020-21 online due to pandemic and the Petitioner was promoted to second year of B.Voc Interior Design course. The Petitioner thereafter appeared for her exam of 3 rd and 4th semesters. She could not pass all subjects but was permitted on ATKT basis (allowed to keep term). Thereafter, the Petitioner was to appear for ATKT exams when she got an email with a letter of the impugned decision from the Respondent - University, stating that her admission in B.Voc Interior Design degree course stands canceled as she has failed to meet the minimum 24 points requirement. The Petitioner thereafter approached the College authorities, who, it is alleged initially supported her and asked to wait for some time. But when the dates for ATKT exams were declared by the University and she again approached the College, it is alleged that the attitude of the College authorities had changed. It is in these circumstances that the Petitioner has approached this Court.