Coming to the timely rescue of a student who had been denied admission by a University despite there being no fault on his part, the Chhattisgarh High Court recently disposed of a case within a day of it being filed and mentioned..Justice Prashant Kumar Mishra ruled in favour of the student, Amit Saha, who was initially told that he had failed his final exams with a mere 11 marks for his final semester at the Chhattisgarh Swami Vivekanand Technical Education University. This first declaration was made in June this year..On applying for revaluation the first time, his marks were increased to 12. It was only after a second revaluation request that the University intimated on October 2018 that he had passed his exams with 41 marks..However, by this time, admissions to the BE course in the same University had closed, the last date being August 15. This was cited as the reason for the University to deny Saha a seat by the time he applied last October..Saha opted to approach the High Court for relief through his Advocates Prakash Tiwari and Palesh Tiwari. The case was filed on October 30, and the matter was thereafter mentioned before the Court the same day. .The very next day, Justice Mishra admitted, heard and disposed of the matter, considering that the case involved the career and one precious academic year for the petitioner, Saha..The Court did not take long to note that Saha could not be blamed for the delay in applying for the admission. Justice Mishra ruled in favour of Saha, after observing,.“it is to be appreciated that the result of final semester diploma course was declared on 22nd June, 2018 i.e. much before the last date i.e. 15th August, 2018 when the admission to BE Course was closed. Had the petitioner’s answer-sheet was valued properly, he would have qualified for obtaining admission in the BE Course on 22nd June, 2018…Equity jurisdiction of the Court would therefore come to the rescue of the petitioner…”.The Court directed the University and the state government to consider Saha’s admission on the following terms,.“Let respondents No.1 and 3 consider recommending the petitioner’s name for admission in the concerned discipline for which the petitioner is qualified and on such recommendation being made, if the seats are available and vacant, respondents No.1 & 3 shall consider to grant admission to the petitioner in the BE (3rd Semester) according to the Rules.”.The Court also directed that the process be completed by November 12. .Read the Judgment:
Coming to the timely rescue of a student who had been denied admission by a University despite there being no fault on his part, the Chhattisgarh High Court recently disposed of a case within a day of it being filed and mentioned..Justice Prashant Kumar Mishra ruled in favour of the student, Amit Saha, who was initially told that he had failed his final exams with a mere 11 marks for his final semester at the Chhattisgarh Swami Vivekanand Technical Education University. This first declaration was made in June this year..On applying for revaluation the first time, his marks were increased to 12. It was only after a second revaluation request that the University intimated on October 2018 that he had passed his exams with 41 marks..However, by this time, admissions to the BE course in the same University had closed, the last date being August 15. This was cited as the reason for the University to deny Saha a seat by the time he applied last October..Saha opted to approach the High Court for relief through his Advocates Prakash Tiwari and Palesh Tiwari. The case was filed on October 30, and the matter was thereafter mentioned before the Court the same day. .The very next day, Justice Mishra admitted, heard and disposed of the matter, considering that the case involved the career and one precious academic year for the petitioner, Saha..The Court did not take long to note that Saha could not be blamed for the delay in applying for the admission. Justice Mishra ruled in favour of Saha, after observing,.“it is to be appreciated that the result of final semester diploma course was declared on 22nd June, 2018 i.e. much before the last date i.e. 15th August, 2018 when the admission to BE Course was closed. Had the petitioner’s answer-sheet was valued properly, he would have qualified for obtaining admission in the BE Course on 22nd June, 2018…Equity jurisdiction of the Court would therefore come to the rescue of the petitioner…”.The Court directed the University and the state government to consider Saha’s admission on the following terms,.“Let respondents No.1 and 3 consider recommending the petitioner’s name for admission in the concerned discipline for which the petitioner is qualified and on such recommendation being made, if the seats are available and vacant, respondents No.1 & 3 shall consider to grant admission to the petitioner in the BE (3rd Semester) according to the Rules.”.The Court also directed that the process be completed by November 12. .Read the Judgment: