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    Published On : Tue, Dec 29th, 2020

    Illicit Admissions: HC asks State Board to cancel affiliation of Saoner based Saraswat Jr College

    Nagpur: The Nagpur Bench of the Bombay High Court has recently directed the Maharashtra State Board of Secondary and Higher Secondary Education to initiate process for cancellation of affiliation and recognition of a junior college near Nagpur for admitting two ineligible students to science stream of the junior college.

    The division bench of Justice Sunil Shukre and Justice Avinash Gharote was hearing a petition filed by two students – Aditya Bhoyar and Abhishek Gayki – of Saraswat Junior College of Science and Commerce at Saoner in Nagpur district.

    They had moved HC after their results of their higher secondary certificate (HSC) examination were withheld by the Board on the ground that both the petitioners were not eligible for admission to science stream.

    The petitioners had sought a direction to the Board to declare their HSC results, claiming that they were being punished for no fault of theirs.

    They pointed out that they were denied admissions to science stream, for having secured only 33℅ marks in science in SSC examination, and had to take admission for commerce stream.

    Later, they applied for change to science stream and the college granted their request, and thus they even appeared for the HSC examination this year.

    The Board responded to the petition, pointing out that their admission to science stream had already been cancelled on July 24, 2020, and therefore there was no question of declaration of their HSC results.

    HC accepted the Board’s contention that from the very beginning admission of the petitioners to science stream was in clear violation of the eligibility criteria and on this ground refused to interfere with cancellation of their admission to science stream.

    The bench was of the opinion that petitioners were also expected to read instructions carefully before seeking admission and since have not done this exercise, “at least a part of fault would also be lying at their doorsteps.”

    HC, however, held the Junior college responsible for loss of two precious academic years of the petitioners. The judges said the junior college is presumed to be aware of eligibility criteria and therefore ought not to have entertained the application for change of stream when the petitioners did not qualify for such a change.

    “In such a case, the larger share of fault would have to be owned by respondent no.4 (college) and respondent no.4 would also be required to be made accountable for the same,” said HC. “If this is not done, such activities, undesirable and unethical as they are, would continue,” the court added and directed the Board to initiate action for cancellation of affiliation and recognition of the junior college.

    HC has also granted liberty to the petitioners students to sue the college for compensation on account of loss of their two academic years each.

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