SHAMBHU ANAND Vs. BHUPENDRA NR MANDAL UNIVERSITY

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) IN the instant case, the appellant enrolled himself with a college, which, there is no dispute, did not have the privilege of the Respondent -University for the college was not affiliated with the said University. The college. however, sponsored the appellant to the Respondent - University for appearing in the first examination as was later on conducted by the University. The University by issuing an admit card permitted the appellant to appear at the said examination, whereupon, after appearing, the appellant succeeded. He was thereupon issued a marks sheet by the University and the said admit card as well as the marks sheet were made available by the University to the appellant through the College. The same happened in the next two succeeding examinations. After having had succeeded in the last and final examination, the University through the college in question also made available to the appellant a provisional certificate showing that he has become a Graduate. Later on, the University refused to grant the final pass certificate and the migration certificate on the ground that the college was not an affiliated college through which the appellant had appeared in the examinations in question. The stand so taken by the University was the subject matter of challenge in the writ petition which has been dismissed by the judgment and order under appeal on the ground that since the college in question was an unaffiliated college it was not obligatory on the part of the University to issue the final pass certificate as well as the migration certificate.

(3.) IF we hold that the University despite having had made such representations is entitled to withhold the certificates, as had been applied for by the appellant, that would tantamount to permit the University to interfere with the right to life of the appellant which the University, being a State within the meaning of Article 12 of the Constitution of India, cannot. There cannot be any dispute that educational qualification is an instrument for improvement of life, which too, stands protected.