A Bench comprising of Justice S.K. Kaul, Justice Aniruddha Bose and Justice Krishna Murari of the Supreme Court dismissed a Petition for Special Leave to Appeal no. 8148/2020 arising out of a Final Judgment and Order dated 10-06.2020 in Special Appeal No. 563/2019 passed by the Lucknow High Court. The Supreme Court refused to interfere in the Order of High Court, by which the High Court declined to recognize the admission of students who completed their Intermediate from Jharkhand Open State School, Ranchi.
Some Students of Jharkhand Open State School, Ranchi, after completing their class XII, they went on to take admission in the respondent university. They took admission in Dr A.P.J Abdul Kalam Technical University, Lucknow in the course of Engineering. On 14.08.2019, the University issued an order through which it decided to cancel the admission of the students which were so admitted based on false and illegal certificates issued by the Jharkhand Open State School, Ranchi. On enquiry, it was also found out that the Jharkhand State Open School, Ranchi was a bogus and fictitious body and was not authorized to issue any educational certificate of the students. Those students filed writ petition no. 23929(MS) of 2019 against the University in the Lucknow High Court, in which the Single Judge held that the Jharkhand State Open School Ranchi deceived the students, which also deceived the appellant-university and, the students were not at fault. The students have cleared their first year and are in the second year of the engineering course and, and it would not be unjustified to cancel their admission at this stage and then ask them to complete their XII standard.
Aggrieved by the decision of the Single Judge, the University filed Special Appeal no. 563/2019. The said Appeal was allowed by the Division Bench, and the judgment and order 6.12.2019 passed by the single judge was set aside. Thereafter, the students approached the Supreme Court challenging the Judgment of the High Court rendered in Appeal by the Division Bench.
FINDINGS OF THE HIGH COURT IN APPEAL NO. 563/2019:
If such students are permitted to continue to pursue their courses, it will amount to putting premium to the fraud practice by the Jharkhand State Open School and the respondents. The Courts cannot come to rescue such students, who had secured admissions based on false and illegal certificates of educational eligibility for admission. When the respondents did not have the essential eligibility for admission in engineering courses, they cannot be permitted to continue to pursue their studies the appellant-University was well within the power to cancel their admissions. In the result, the special Appeal was allowed, and the judgment and order dated 6.12.2019 passed by the learned Single Judge was set aside.
FINDINGS OF THE SUPREME COURT IN SLP:
The Supreme Court held that the Jharkhand State Open Exam was itself a complete fraud. The Court said that the University did not carry out an appropriate verification and the state government should have a kept a watch for such fraudulent exam which was operating from one room.
The Court called upon the University and the state government to take corrective measures and also to book the defaulters.
The Court while dismissing the Appeal held that if an opportunity be given to such students to complete their degree from the University, it would create a great anomaly. The Court further directed all concerned to do the needful within three days.
The Court observed that “We do have sympathy but this is not a case where we can really translate our sympathy to a relief in the present case, more so, in view of the fact that since this exam system is found to be fraudulent, the petitioners before us will never have a recognized plus two status and to give such students the opportunity to get a degree from the University will create a great anomaly.”