RAJESHWAR VERMA Vs. MAHARSHI DAYANAND UNIVERSITY AND ORS.

JUDGEMENT

(1.) Petitioner seeks the relief of continuation of his studies into the next year in the course of Bachelor of Technology, which is a 4 years Engineering course.

(2.) In the written statement, filed by the University, it was submitted that the Board of Secondary Education, Madhya Bharat, Gwalior had not been recognized and therefore, admission granted by respondent No.2 was illegal and contrary to the instructions contained in the prospectus/information brochure. The person was required to pass the +2 examination with 45% marks in aggregate from a Board which was recognized by the University. It was admitted that the registration form was received by the University on 29.09.2012 and the list of equivalent examinations, recognized by the Board of School Education, Haryana, Bhiwani and approved by the University, was appended as Annexure R1/1. Vide orders dated 05.12.2013, permission had been granted by the University to the candidates to appear in the 1st semester examination of B.Tech courses, who had been wrongly admitted to the higher course by the Principals of the few affiliated colleges. Subsequently, vide the resolution dated 29.04.2014 (Annexure R1/2), the Academic Council had not agreed with the Vice-Chancellor and resolved to cancel the admission which was, accordingly, conveyed to the petitioner on 02.05.2014. The permission to study in the 2nd and 3rd semesters was on the presumption that the candidates were eligible and the colleges had duly scrutinized the documents. The petitioner had sat in the 2nd and the 3rd semesters in connivance with respondent No.2-College and therefore, was not entitled to any relief.

(3.) Learned Senior Counsel, appearing on behalf of the petitioner, has submitted that the University has, now, stopped the petitioner from continuing with the course after having allowed him to sit in the examination of the 3rd semester and placed reliance upon the principle of promissory estoppel and the instructions of the University since it is admitted that the documents from the petitioner's college had been received on September, 2012 and formal decision was only conveyed on 02.05.2014. It has further been pointed out that the name of the Board of Secondary Education, Madhya Bharat, Gwalior figured in the list of the affiliated colleges due to the wrong inclusion of the service provider, namely, NYSA Service Provider Ltd. and a fine has also been imposed upon the said agency and it was in such circumstances, the Academic Council had resolved that the admissions be not regularized.