Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education Admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education - Admission - Requiring 60% marks in the qualifying examination - The candidate mentioned in the enrolment form that he had secured 56% marks in the qualifying examination - While in the declaration appended to enrolment form asserted that he had secured 60% marks - University did not permit him to appear in the exam - Writ petition by the candidate seeking direction to appear in the exam or for compensation of Rs. 10 Jakhs - Single Judge of High Court did not permit him to appear in exam as he had not got 60% marks in the qualifying exam, but granted him compensation of Rs. 5 lakhs stating that the candidate had declared in admission form that he had got 56% marks, but the college failed to inform him that he was required to possess 60% marks - Division Bench affirmed the order of Single Judge - On appeal, held: Conclusion of High Court is contrary to the materials placed on record - The candidate applied for admission knowing fully well that he had not secured the minimum eligible marks - Candidate cannot claim benefit for his own wrong - College cannot be held liable for the act of the candidate - Direction for compensation, not sustainable.Appellant-College invited applications against lapsed/vacant seats for various branches including admission for second year (3rd Samester) of Engineering for Diploma Holders/B.Sc. with maths eligibility with 60% marks. In pursuance to the invitation, respondent No. 1 applied for admission in 3rd Semester for the course of B. Tech. When his application was forwarded to the University for examinations, it refused him to appear in the examinations on the ground that he was not having 60% marks in B.Sc. The appellant-College cancelled his admission and refunded the entire fee deposited by him. Respondent No. 1 filed a Writ Petition praying for a direction to the University to permit him to appear in the exam or to pay him compensation of Rs. 10 Lakhs. Single Judge of High Court rejected the prayer of respondent No. 1 to appear in the examination, but directed the appellant-College to compensate him by paying Rs. 5 lakhs. Division Bench of the High Court affirmed the order of the Single Judge. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 60 |
Petitioner | Priyadarshini College Of Computer Science And Another |
Respondent | Manish Kumar And Others |
SCR | [2013] 1 S.C.R. 622 |
Judgement Date | 2013-01-24 |
Case Number | 674 |
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