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Tuesday 24 October 2017
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Himachal High Court strikes down provisional admissions to higher courses

Striking down the provisional admission process in universities, technical institutions and other institutes of higher learning, the Himachal Pradesh high court on issued strict directions to streamline admissions for the 2012-13 academic year by admitting only those students who had cleared the qualifying exam.

The orders came from the division bench headed by Chief Justice Kurian Joseph and Justice Sanjay Karol in a petition filed by student Khwaja Bahuddin, who has alleged that a private polytechnic institute at Kala Amb had admitted him though he had not passed a matriculation examination. Having paid all due fees, he was not being assigned a roll number for appearing for the first semester examination to be held soon, the petitioner had stated in the court.

During the course of the hearing the petition, director, higher education, submitted before the court that UGC guidelines permitted only those students to be admitted to higher courses who had passed the qualifying examination as on the date of admission. On learning that an ordinance of the university that permitted admissions against norms prescribed by UGC, the judges decreed, “There must be a uniform cut off date in the state for admission to each higher course. Only such candidates who have become qualified in having passed the qualifying exam as on the date of admission shall be given admission to higher courses.”

Making all universities, including private universities in Himachal as additional respondents in the case, the judges cautioned, “It is made clear that in case any management or any institute for that matter admits any student without the certificate of having passed the qualifying examination, be it polytechnic colleges, ITI, or any college, the head of the institution shall be liable for appropriate action for contempt and also for other permissible action under the law. It is also made clear that in case they are private institutes, they shall be deaffiliated/derecognized forthwith.”

With a counsel pointing out that students who fail to pass in one subject and are this placed in the compartment category would lose one year, the judges observed, “It is not a question of a candidate losing one year. The crucial question is admission of a student with eligible qualification.” In case the candidate has failed, such candidates can certainly appear in the next available chance till they pass in all the subjects. Admission to higher courses shall only be after passing the qualifying examination, the judges ordered.

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