HC directs institutions not to give provisional admissions

Candidates can be admitted only in the case of passing all the subjects

PTI | December 29, 2011



In a significant order which would bar provisional admissions to students under "compartment and re-appear" categories in the next class, the Himachal Pradesh high court today said only those who have passed in all subjects on the cut off date should be promoted.

The order came on the petition of a student Khwaja Bahuddin, who alleged that he was admitted to a private polytechnic without passing the matriculation examination but was not issued the roll number to sit in the first semester.

A division bench comprising Chief justice Kurian Joseph and justice Sanjay Karol observed that "there has been an unscientific and impermissible practice of the students who have passed in one or more subjects being provisionally admitted to higher courses subject to those students clearing the same before the date of registration of examinations in the first year of the higher courses" which was contrary to UGC guidelines.

A candidate can be said to have acquired the prescribed qualification only in case he has passed all the subjects before the cut off date for admission to higher courses. 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, the court said.

The court further directed that there will be a direction to the Secretary (Education), government of Himachal and the Vice-Chancellors of all the universities in the state to strictly streamline the admission with effect from academic year 2012-13 and 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, ITI or college, the Head of the Institution shall be liable for appropriate action for contempt and also for other permissible action under the law".

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