Mustafa Wajdawala vs Vice Chancellor, Davv And Anr

Vivek Rusia, J

The appellant has filed the present appeal being aggrieved by order dated 14.05.2019 whereby the Writ Petition No.8769/2019 has been dismissed by the writ Court.

Facts of the case in short are that the petitioner took admission in BBA Course in Vikram University, Ujjain in the year 2014. In the year 2015, he passed his 1st Semester (Information Technology) and 2nd Semester (Business Communication and MIS) of BBA and thereafter, he migrated to DAVV, Indore in the year 2016. Thereafter, he passes 2nd and 3rd years examination from DAVV, Indore, but the DAVV, Indore has refused to issue marks sheet of the BBA Course on the ground that he has not cleared his 1st Semester in the subject of Information Technology and 2nd Semester in the subject of Business Communication and MIS of BBA.

Being aggrieved by the above action of the DAVV, Indore, the petitioner filed the writ petition before this Court seeking direction to the respondent to issue the marks sheet of 6th Semester of BBA and not to insist for obtain the eligibility certificate or appearing in the eligibility examination. The respondent/DAVV, Indore filed the written statement by submitting that at the time of admission, the petitioner was required to submit eligibility certificate, but he submitted the eligibility certificate in the year 2019 and only when it came to the knowledge of the DAVV, Indore that the petitioner has not cleared the papers of 1st Semester (Information Technology) and 2nd Semester (Business Communication and MIS) of BBA, therefore, he was asked to clear those papers in order to get the marks sheet.

Vide order dated 14.05.2019, the writ Court has dismissed the writ petition, hence, the present writ appeal before this Court.

Shri Bohra, learned counsel appearing for the appellant submits that as per the Clause-4 of Ordinance No.7, the application for admission shall be accompanied by school/college's leaving certificate and the marks sheet showing that the applicant has passed the qualifying examination at the time of admission, the student shall submit the school/college leaving certificate, eligibility certificate and migration from the Registrar of such Board or University alongwith the migration fees. He submits that at the time of admission, the petitioner produced the migration certificate issued by Vikram University, Ujjain, hence, he was given admission, therefore, at this stage, the respondent/DAVV, Indore can not insist for eligibility certificate.

The aforesaid submission of Shri Bohar, is absolutely misconceived. Ordinance No.7 deals only with the admission of student to the college/ university. At the time of admission, the student is required to submit school leaving certificate, eligibility certificate or a migration certificate as the case may be. Since the petitioner was having the migration certificate, he was permitted to take admission in the DAVV, Indore. There is no dispute in respect of admission to the petitioner in the University. The dispute arose at the time of issuance of marks sheet of 6th Semester of BBA. The respondent/DAVV, Indore has rightly declined to issue the marks sheet as the petitioner did not cleared papers of 1st Semester (Information Technology) and 2nd Semester (Business Communication and MIS) of BBA. By letter dated 24.04.2019, he was offered admission in BBA 3rd Semester with a condition that he will clear the aforesaid papers. The final marks sheet is liable to be issued by the DAVV, Indore subject to clearance in all the papers. Since the petitioner is not having the eligibility certificate, the writ Court has rightly dismissed the writ petition filed by the petitioner. Therefore, we do not find any ground to interfere with the order passed by the learned writ Court. Hence, admission is declined. The appeal stands dismissed.