Any leniency in admission to students whose +2 marks were withheld by the Maharashtra State Board was refused by the Nagpur bench of Bombay High Court (HC).
The admission provided to such students were later cancelled because the students failed to meet the required eligibility criteria. The Bombay HC also cautions students to read all the instructions given before seeking admission.
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After successfully clearing their class 10 board examination, the petitioners wished to study science stream in class 11. But since their Class 10 score was only 33%, they were provided admission in Commerce Stream.
Later, such students requested for a change in their stream and were admitted in Science stream and appeared for the Class 12 Board Examination. After checking their records, the board officials have withheld their Class 12 Board Examination results. Hence the students approached the Bombay High Court.
The Board stated, “The Students were expected to read instructions carefully about qualifying marks for securing admission to any stream whether arts, commerce or science, before getting admission. They haven’t done this and so, at least a part of the fault would also be lying at their doorsteps.”
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The judges acknowledged that dismission the students would lead to the loss of academic years of students and clarified that eligibility criteria are an important policy in providing admission, hence the HC will not compel the board to relax it.
The eligibility criteria to provide admission in science stream is 35% and the petitioners have only score 33%. So they were not eligible to get admission in science stream from the very first day.
The petitioners can further proceed against the Saraswat Junior College of Science and Commerce to claim compensation for the loss of their academic year, the Bombay HC informed.
The Management of the college will be aware of the eligibility criteria for the admission in Science stream and hence the college will be held responsible for the loss of academic years of the students, the division bench comprising justices Sunil Shukre and Avinash Gharote said.
The judges stated that the college should not have accepted any change of application for the change of subject since the petitioners were not qualified to apply for science stream.
The Bench ordered the Maharashtra Board’s headquarters in Pune and divisional office in Nagpur to initiate the cancellation of affiliation and recognition of ‘Saraswat Junior College of Science and Commerce’ located at Kalmeshwar Road, Saoner.
The highest share of the fault should be owned by the college management and it should be made accountable for the fault. Such unethical and undesirable activities will keep on continuing if this is not done, the judges stated.
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