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| HC quashes cancellation order of JU, allows petitioner to continue studies | | | EARLY TIMES REPORT
JAMMU, May 4: State High Court came to rescue of a student, whose admission in MCA course was cancelled after she complete first semester and continued in second semester, has allowed the petition and order of University dated March 29, 2009 canceling admission of petitioner to MCA Course was quashed.
She qualified her BCA (Bachelor of Computer Application) Course from KAWA Institution of Management and Technology Udhampur affiliated to Makhan Lal Chaturvedi National University of Journalism & Communication Bhopal.
Petitioner applied for admission of MCA as the advertisement notice was issued by the University of Jammu inviting application from eligible candidates for appearing in entrance test for admission to Master Degree of Computer Application (MCA).
The petitioner appeared in entrance examination and she was selected to undergo MCA Course in MIET Kot-Bhalwal Jammu which is recognized by the Govt J&K and approved by the AICTE and affiliated to University of Jammu. After having been selected to MCA Course petitioner appeared in first semester of course and she was also allotted roll number slip by the University of Jammu.
The petitioner is stated to have completed first semester and is continuing in the second semester in said college.
The respondent have issued notice on March 20, 2009 whereby the admission of the petitioner in MBA Course for the session 2008-2009 has been cancelled on the ground that she has passed her BCA course from Study Center KAWA Affiliated Makhan Lal Chaturvedi National University of Journalism & Communication Bhopal which is not a recognized course as per notification issued by the Jammu University dated October 5, 2005.
Aggrieved by this petitioner filed petition and challenged the same on various grounds. Justice Sunil Hali after hearing Adv DK Khajuria appearing for petitioner Roshi Mahajan whereas WS Nargal appeared for the University of Jammu and got through petition and objections filed by University of Jammu, observed that issuance of notification by University is not in dispute.
However, it is noted that at the time of seeking admission in MCA Course, petitioner has appended all requisite documents with application form. She has appeared in entrance examination and qualified the same.
No such objection was raised by respondents at that time. She was allowed to sit in entrance examination and was selected to MCA Course.
It is only after lapse of one year, her admission was cancelled. University of Jammu was aware about the notification dated October 5, 2005 as such, the respondent could not have granted admission to petitioner. Since the petitioner was allowed to sit in the entrance examination and also got admission in the MCA, the respondents cannot turn around now by saying the petitioner's admission was bad.
It is to be presumed that respondents have waived this condition by allowing her to sit in the entrance examination. Said notification has been issued on the basis of the decision taken by the University Council.
It is not requirement of statute, but administrative decision taken by the counsel. The respondent as such cannot turn around at this stage by saying that the petitioner's admission was wrong.
With these observations Court quashed the order of University of Jammu dated March 29, 2009 canceling the admission of the petitioner to the MCA Court, with the direction that petitioner shall be allowed to continue her studies in MIET Kot-Bhalwal Jammu. ---JNF
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