Shimla: Striking down the provisional admission process in universities, technical institutions and other institutes of higher learning, the Himachal High Court today issued stern directions to streamline admissions for 2012-13 academic year by only admitting those students in a higher courses who had passed 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 the 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 let the court know.
During the course of 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 permitted admissions against the norms prescribed by UGC, the judges decreed, â€œthere 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.
â€œThere will be a direction to the Secretary (Education), Govt. of H.P. and the Vice-Chancellors of all the Universities in H.P. to strictly streamline the admission, as above, w.e.f. the academic year 2012-13,â€ the bench ordered.
Making all universities, including private universities in Himachal as additional respondents in the case, the judges cautioned, â€œit 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 may polytechnic colleges, be it may ITI, be it 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 institute, they shall be deaffiliated/derecognized forthwith,” the judges stern order stated.
With a counsel pointing out that students who did not clear one subject and were placed in the compartment category would loose an year, the judges observed, â€œIt is not a question of a candidate loosing one year. The crucial question is admission of a student with the eligible qualification.â€
In case the candidate has failed, such failed 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.