The HC judges directed that Shubhi Rai be issued marksheets/degree certificates, as she has completed the three-year course
It imposed Rs 50,000 cost payable to Mumbai University (MU). The college failed to adhere to a Sept 2023 circular on procedure, as per UGC guidelines, for enrolment and eligibility for 2023-24 academic year.
Rai’s advocate Sunil Mishra said at the time of admission, she was unaware and not intimated about the eligibility criteria by the college. The college’s advocate Arvind Kothari said its Board of Studies and Academic Council approved treating commerce students with mathematics as eligible for admission on a par with HSC science students, a bona fide view in exercise of its autonomy, which was placed before MU. Agreeing with Rodrigues, the judges said “such approval and granting admission based on such approval” is contrary to Maharashtra Public Universities Act provisions that “even where the college has autonomous status with full academic and administrative autonomy, this would be subject to the Act, statutes and guidelines issued by UGC.
Mumbai: Bombay High Court has penalised SIES College, Sion, for admitting a commerce student to BSc (computer science) knowing fully well she did not meet the eligibility criteria. They directed that Rai be issued marksheets/degree certificates, as she has completed the three-year course. “The petitioner’s educational career should not be made to suffer on this count. This is particularly when we do not find fault with the petitioner but the fault lies at the door of the college,” they added. Also, among conditions for a college’s affiliation/ recognition is mandatory compliances including of university’s ordinance. HC noted that the college made Rai’s admission provisional, belatedly submitted her HSC marksheet to MU, and did not explain why an ineligible student was admitted.
Justices Riyaz Chagla and Firdosh Pooniwalla on Thursday quashed and set aside the letters from MU and the college that declared Shubhi Rai ineligible and cancelled her admission.