The Allahabad High Court, in a recent judgment, sharply criticized Prabha Devi Bhagwati Prasad Vidhi Mahavidyalaya, Gorakhpur, for granting illegal admissions to several students in its LLB program for the academic year 2019-20. The Division Bench comprising Justice Manoj Kumar Gupta and Justice Vikas Budhwar enhanced compensation to ₹5 lakh for the appellant, Ajay Kumar Pandey, who was among the 55 students whose admissions were later declared illegal.
Background of the Case
The case originated when Ajay Kumar Pandey, the appellant, sought admission to the three-year LLB course at Prabha Devi Bhagwati Prasad Vidhi Mahavidyalaya, affiliated with Deen Dayal Upadhyay Gorakhpur University. The appellant was admitted for the 2019-20 academic session despite not meeting the eligibility criteria stipulated in the university’s admission brochure, which required a graduation degree obtained in 2016 or later. However, Pandey graduated in 2008.
After passing the first semester, Pandey was barred from appearing in the second semester, leading to a series of writ petitions. The University had earlier canceled admissions of 55 students, including Pandey, citing non-compliance with the eligibility criteria.
Legal Issues Involved
1. Eligibility Criteria for LLB Admissions: The core legal issue was whether Pandey’s admission was valid, given that he did not meet the eligibility criterion of possessing a recent graduation degree. The court upheld that the requirement of a post-2016 degree, as per the admission brochure, was valid.
2. Responsibility for Misleading Admissions: A significant aspect was identifying who was at fault for the illegal admissions—Pandey or the college. The court noted that while Pandey had falsely claimed his graduation year as 2015, the college failed to verify documents, leading to the admission of ineligible students.
3. Compensation for the Loss of Academic Year: The court had to determine whether monetary compensation was adequate for the damage to Pandey’s academic career and whether the amount awarded by the single judge was sufficient.
Court’s Observations and Decision
In the detailed judgment, Justice Vikas Budhwar observed, “It is rather amazing that the Law College acted not only in a careless and reckless manner but also exhibited conduct other than bona fide just to enroll and admit students, playing with their future.”
The Division Bench dismissed Pandey’s plea to be allowed to continue the LLB course, reiterating that he was ineligible for admission from the outset. However, acknowledging the college’s negligence, the court modified the single judge’s earlier compensation order, increasing it from ₹30,000 to ₹5 lakh.
The court ordered that this amount be paid by the law college within six weeks. Failure to comply would result in recovery as arrears of land revenue. The judgment also mandates the college to submit an affidavit of compliance before the Registrar General of the High Court within the same period.
Lawyers’ Submissions
– Appellant’s Counsel: Advocates Km. Anjana and Sarveshwari Prasad argued that the fault lay with the college for not verifying the eligibility criteria and admitting the appellant, who had already completed the first semester.
– Respondents’ Counsel: The State’s legal representatives, including Chief Standing Counsel and advocates Nitin Chandra Mishra and Grijesh Tiwari, argued that Pandey was fully aware of the eligibility criteria and attempted to misrepresent facts to gain admission.
Case Details:
– Case Title: Ajay Kumar Pandey v. State Of U.P. And 3 Others
– Case Number: Special Appeal No. 937 of 2024
– Bench: Justice Manoj Kumar Gupta and Justice Vikas Budhwar
