Madhya Pradesh High Court: S.C. Sharma, J. contemplated a writ petition filed for issuance of an appropriate writ against Devi Ahilya Vishvidyalaya/University, Ujjain to issue mark sheet of the petitioner for BBA course.
Petitioner contended that, he was enrolled in the said University in 2015 and passed first and second semester with relevant subjects. Thereafter, in 2016 he was transferred to Devi Ahilya Vishvidyalaya and completed his second and third year of the program/course from the aforementioned University. He further contended that the respondent has denied him mark sheet unreasonably.
The learned counsel for the petitioner, Murtuza Bohra, argued that petitioner had successfully cleared all the subjects and the act of the University is arbitrary and unreasonable.
The respondents stated that under Ordinance 7, read with M.P. Vishvavidyalaya Adhiniyam, 1972, the migration or transfer of the students were permissible but degrees are only awarded once the student clears all the relevant course subjects. Hence, contended that once the petitioner clears all the subjects according to the University norms, mark sheets will be awarded to him.
The learned counsel for the respondents, Lokesh Mehta and Lokendra Joshi submitted to the Court that at the time of admission, petitioner was required to submit eligibility certificate and he submitted the eligibility certificate in the year 2019 only, it was noticed that the petitioner has not cleared Information Technology, Business Communication and MIS Paper.
The Court observed that undisputedly the three papers were part of BBA course and the petitioner had not cleared the aforesaid papers either from Vikram University or from Devi Ahilya Vishvavidyalaya, Indore. Court opined that, unless and until the petitioner cleared the three aforesaid papers, the University was justified in not issuing the mark-sheet to the petitioner. The Court refused to interfere in the matter and held, resultantly, the admission was declined with a liberty to the respondent / University to permit the petitioner to appear in the examination of remaining papers. The Court directed the University to make all possible endeavors to conduct the examination at an early date.[Mustafa Wajdawala v. Devi Ahilya Vishwa Vidyalaya, 2019 SCC OnLine MP 865, decided on 14-05-2019]
