Digi - Legal Insights

A bona fide student cannot be denied degree verification due to universitys clerical omissions and minor marks discrepancies.

Professional course fees in self-financing institutions must be notified before admissions and cannot be revised midstream for admitted students.

Petitioner has used four attempts for first year MBBS and cannot be granted an additional attempt in Anatomy due to provisions of Regulation 21 of 2023 Regulations.

Admission process must remain fair to protect interests of genuinely eligible candidates and any wrongdoing must be addressed at all institutional levels and Institute is expected to conduct an independent and impartial examination of admission process.

Admission process at Respondent No. 4 - Institute, which sanctioned 60 seats but admitted 101 students, violating regulations hence, Respondent No. 4 was penalized and required to refund fees to excess students, facing additional costs of Rs. 50,000 payable to High Court Staff Welfare Fund for their unauthorized conduct.

Petitioners are entitled for reimbursement of such amount of fees as is provided under Government Resolution dated 20-09-2019.

Constitutional mandates must translate into actions, urging Rajasthan to develop comprehensive policy for teaching in Rajasthani language and to take timely steps to recognize it in education.

It is imperative for authorities to implement Act effectively for its intended benefits to materialize therefore, directions are issued to ensure positive implementation of provisions of Act.

Expulsion based on fee non-payment is unsustainable since petitioners expressed willingness to pay, indicating expulsion is unlawful and should be quashed.

Cancellation of admission was deemed lawful and not arbitrary, affirming that right to education does not permit repeated claims under welfare quota after prior benefits have been received.

Impugned order regarding cancellation of an examination centre lacks clarity and detail regarding nature of malpractice therefore, institutional penalties should be proportionate and evidence-based, thus allowing for regulatory directions to reinforce examination integrity while ensuring student welfare.

It is necessary and compelling to formulate subordinate legislation by issuing necessary rules and regulations, prescribing method and manner by which children of weaker and disadvantaged sections are to be admitted in neighbourhood schools.

Petitioners were not given any opportunity of hearing before cancellation of their Certificates; such highhanded action of Mamlatdar cannot be sustained.

No writ of mandamus can be issued to compel authorities to treat Petitioner as eligible in contravention of governing statute.

Court criticizes a government resolution that restricts the timeline for submitting caste validity certificates for Scheduled Tribe candidates and such discrepancies violate the principle of equal benefits in reservation policy thus, denying admission based on technicalities is deemed unjust.

Decision of Respondent No.4 rejecting Petitioners’ proposal for approval of a new D. Pharm course for academic year 2025-2026 is set aside and proposal of Petitioners shall stand remitted to Respondent No. 4 for fresh consideration.

Authorized amount will be disbursed within two weeks after determination and if Petitioner is deemed ineligible for reimbursement, reasoned decision will be issued, allowing Petitioner to seek legal remedy.

Denying admission based on technical reasons would be unjust hence, Respondent No.1 directed for creation of Supernumerary seat for admission Undergraduate Technical Course in Engineering and Technology for securing Petitioners admission.

Admissions of all Petitioners stand cancelled and results of examination taken by Petitioners under ad-interim orders shall not be declared for 45 days, to extent of these Petitioners only.

Petitioner, who has a commendable academic record, secured admission to management course on merit, maintained good attendance and submitted assignments timely hence, Respondent No. 2 directed to permit Petitioners to appear for re-examination to be conducted for student.