“In the instant case, since the appellant was found ineligible after second academic break, his admission stood automatically cancelled. Therefore, there is no question of any further chance only on the ground of being an SC/ST,” a division bench of Justices Mukta Gupta and V P Vaish said.
Dismissing the plea of Gourav Joshiya, who was pursuing Bachelor of Technology from Amity School of Engineering and Technology, the bench said he was ineligible for admission to third year as he could not clear the previous four semesters.
It upheld the single judge order refusing another chance to the student for clearing the exams and said the opportunity would have been given to him if he had been able to satisfy the necessary eligibility criteria.
“To attain an egalitarian society, we have to urgently remove socio-economic inequalities. Therefore, in order to promote these weaker sections of the society an educational institution must take all endeavours by providing any form of additional assistance in order to bring them up at par with general category students.
“The appeal of the appellant may have been allowed on this ground alone, if he would have been able to satisfy necessary eligibility criteria for continuance of his admission with the respondents,” it said.
Gourav had challenged a single judge order of May 25, 2015 denying him a chance to re-appear in the examinations to get admitted to the third year.
In his appeal, the student, who got admitted to the college in 2010, had claimed he had sent a mercy application to the university’s committee concerned in October 2014, but through a notification on November 7, 2014, it was rejected and his admission was also cancelled.
He had contended that the single judge has misconceived that he had to appear in 10 papers in May-June 2015, whereas he had to appear in five.
The university, however, said there was delay in filing the writ petition by the student as he filed it in April 2015, but the admission was cancelled in November 2014.
It also told the court that during academic year 2012-13 and 2013-14, the appellant had reappeared in the failed papers of first year and second year but could not clear them and hence failed to secure minimum credits for promotion to third year.
PTI