The High Court of Telangana passed a judgment on 27 February, 2023 stating that B.Com consists of important subjects such as Accountancy and Commerce etc., which involves learning skills and a person has to avail the said facility by appearing in off-campus Centre of College or at least Video lessons:. It was stated in the case of Sunkishela Dheeraj vs State Of Telengana(WRIT PETITION No.1995 OF 2023)which was passed by the single judge bench comprising of Hon’ble Justice K.Lakshman
FACTS OF THE CASE:
The petitioner enrolled himself for in Bachelors in Commerce (B.Com) course, in Open and Distance Learning University/Gandhi Institute of Technology and Management (for short, “GITAM”) which is a deemed to be university under Section 3 of the University Grants Commission Act, 1956 was assigned to him. Centre for Distance Learning (CDL), GITAM, has been recognized by the Distance Education Bureau ,New Delhi, for Gandhinagar Campus, Rushikonda, Visakhapatnam, Andhra Pradesh. The Petitioner is a bona fide learner of B.Com degree in the said centre. He has rigorously followed all the courses modules appearing in and passing all the mandatory examinations held on various dates in September 2020 (1 Year), August 2021 (II Year), and June 2022 (Ill Year). Finally, he has obtained B.Com., Degree from Respondent No.5, in July 2022. He has secured First Class with CGPA of 7.92.He has appeared for the Telangana State Integrated Common Entrance Test, 2022 conducted by Telangana State Council of Higher Education, Hyderabad, in July 2022 to get admission in Master’s degree in Business Administration (MBA). He got 59010 rank. He was admitted into 4th respondent-College. The petitioner was declared eligible for admission in MBA Degree by 2nd respondent. Vide proceedings 2nd respondent declared the petitioner as eligible for MBA Course.According to the petitioner, since he was not allowed seat through the provisional allotment under TSICET-2022, on the basis of the eligibility declaration issued by 2nd respondent along with supporting documents, he has applied for MBA Course in 4th respondent – College in Management Quota. He has submitted all the required certificates with the 4th respondent – College. Thereafter, he was verbally informed by 4th respondent that he has received admission for the course and to make part payment towards the fee in order to attend classes and accordingly he has paid the fee. Thus, according to him, his admission was cancelled by respondent Nos.2 and 4 without following due procedure laid down under law and it is in violation of Article 14 of the Constitution of India. According to him, he has completed B.Com,University through ODL and he is eligible to appear TSICET,22. With the said submissions, he sought to declare the action of respondent Nos.2 to 4 in cancelling admission of the petitioner in MBA course as illegal.
JUDGEMENT OF THE CASE
According to the Court, the petitioner is not eligible to provide admission into MBA course and therefore, he is not entitled for any relief much less relief sought in the present writ petition. Therefore, the same is liable to be dismissed.It is also relevant to note that the petitioner herein vide letter requested 3rd respondent to furnish equivalent certificate equal to ODL course, from deemed to be university, Visakhapatnam, B.Com. degree. As discussed supra, the petitioner herein is not entitled to the said equivalent certificate. Therefore, he is not entitled for admission.Therefore, the writ petition is dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
