HC upholds JU decision to cancel admission

Excelsior Correspondent
JAMMU, Sept 28: In a significant order, State High Court has upheld the decision of Jammu University to cancel the admission of a candidate in the BEd course on the ground that the student has obtained graduation degree from the study center of a varsity, which has not been recognized by the University of Jammu.
The petitioner, who has obtained graduation degree through study center run by the Punjab Technical University, responded to the notification dated June 14, 2011 issued by the University of Jammu and was admitted to undergo BEd course for the year 2011-12. The student was allotted MIER College of Education, B C Road, Jammu.
After completion of course, the petitioner submitted an application for taking her examination but in terms of communication dated August 1, 2012 the petitioner was informed that her admission was cancelled as she has obtained her graduation degree through study center, which was banned by the Jammu University.  Aggrieved over the University decision, the student knocked the doors of the High Court.
Advocate Sudershan Sharma appearing for the appellant argued that in terms of SRO 339 of 2005 dated 20/12/2005, petitioner, who was already enrolled to undergo graduation course in the Study Centre, was protected from the rigor of law and no adverse action could be taken against her. The case of the petitioner was that after admitting her to B.Ed Course and allowing her to complete the course Jammu University could not cancel her admission, which has subjected her to incalculable sufferings.
However, Advocate Wasim Sadiq Nargal appearing for the respondents argued that Jammu Jammu University vide notification dated 05/10/2005 had informed all the concerned that the decision was taken by the Standing Committee of Academic Council that courses run by Study Centres/Franchises of any University in the country except IGNOU were not recognized.
” A notice has been issued to the concerned Head Assistant to explain his position as to how the provisional admission was granted to the petitioner when she was not eligible to undergo BEd course”, he said.
After hearing at length counsels for both the parties, Justice Muzaffar Hussain Attar observed, “the mistake committed by subordinate official of the University in not properly scrutinizing the application form of the petitioner could not prevent the University to cancel the admission of the petitioner”, adding “the University is bound by its own notification. The decisions of the academic institutions have to be implemented and university authorities cannot be directed to proceed in breach of their own decisions”.
While dismissing the petition, the High Court said, “the claim of the petitioner that one year has been wasted besides depriving her of substantial amount can be considered by the appropriate forum as and when such issue is raised”.


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