Can a declaration that a student studied and passed a subject by itself amend an admission brochure or compel admission where the brochure excludes additional subjects?
Coram: Justice L.Victoria Gowri
A declaration that a student studied and passed a subject cannot by itself amend the brochure or compel admission where the brochure excludes additional subjects.
No. A declaration that a student studied and passed a subject cannot by itself amend the brochure or compel admission where the brochure excludes additional subjects. The Court distinguished P.C. Akash on its finding that the student and parents had voluntarily chosen the disputed sequence, since here the school acknowledged the entry as its own mistake; but it held that the other limb of that decision stands, because an undergraduate institution must apply its governing admission conditions. The Court avoided converting an account of what each student studied into a finding of eligibility without the admitting authority, its rules and the individual application before it.
Constitution of India — Art.226 — Education — CBSE Senior School Certificate Examination — Subject sequence in the List of Candidates — Sixth (additional) subject — Academic standard — Correction after declaration of results — Undergraduate admission — Error acknowledged by the school — Education — CBSE — Sixth subject — Academic standard of the subject — Held: A recognised CBSE academic subject studied, examined and passed does not become a subject of a lesser academic standard merely because it appears in the sixth position in the List of Candidates or mark statement; its treatment for eligibility and ranking in a particular admission process is governed by the rules of that process. (¶21, 31) Education — Undergraduate admission — Declaration of subjects passed — Admission brochure — Held further: Where an applicable brochure expressly excludes an additional subject from eligibility or ranking, a declaration that the student studied and passed that subject cannot by itself amend the brochure or compel admission. P.C. Akash v. Registrar, Tamil Nadu Agricultural University, distinguished on the voluntary-selection finding. (¶26, 27) Education — CBSE record — Rearrangement of registered subject sequence after results — Held further: A request to rearrange the first five subjects and the sixth after declaration of results must be considered by CBSE with reference to the individual records and its applicable rules; the Court directed individual statements from the school and a time-bound decision by CBSE. Writ petition disposed of. (¶29, 30, 31, 33)
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