Commerce Student Who Completed BSc Computer Science Despite Ineligibility To Get Degree; Bombay HC Orders College To Pay University ₹50,000

In brief

The question

1. Whether the College’s autonomous academic bodies could treat a Commerce-stream student with Mathematics as eligible for B.Sc. (Computer Science), despite the eligibility requirements in Ordinance 5719.

The court held

The Court allowed the Petition and quashed the University’s letter dated 1 March 2025 and the College’s letter dated 29 May 2025.

It also directed

It directed the University and College to issue the Petitioner’s marksheets and/or degree certificate for the B.Sc. (Computer Science) course.

The College was ordered to pay costs of Rs. 50,000 to the University within two weeks of the order being uploaded.

01Facts

The Petitioner, who had passed HSC in the Commerce stream with Mathematics and Statistics, was admitted by Respondent No. 2 College to F.Y. B.Sc. (Computer Science) in 2023–24 after being advised that she was eligible.

¶ 3–8

She completed the first and second years before the University declared her ineligible under Ordinance 5719, which required HSC Science with Mathematics and Statistics, and the College cancelled her admission.

¶ 3–8

The Court granted interim permission for her to attend and sit the third-year examinations, initially withholding and later directing declaration of her results subject to the Petition’s outcome.

¶ 9–10

By the time the Petition was heard, she had completed all three years.

¶ 12

02Issues

i.1. Whether the College’s autonomous academic bodies could treat a Commerce-stream student with Mathematics as eligible for B.Sc. (Computer Science), despite the eligibility requirements in Ordinance 5719.

¶ 21–23, 30–31

ii.2. Whether the Petitioner’s admission and completed studies should be protected, notwithstanding her failure to meet the prescribed eligibility criteria and the College’s breach of its obligations.

¶ 28–33

03Law Applied

Ordinance 5719 prescribed eligibility for the course as passing HSC in the Science stream with Mathematics and Statistics, or an equivalent qualification.

¶ 14, 30–31

Under Section 122(4) of the Maharashtra Public Universities Act, 2016, an autonomous college’s academic and administrative autonomy remains subject to the Act, applicable statutes and UGC guidelines; Sections 108(1)(a) and (h) require compliance with the Act, ordinances, regulations and University directions as conditions of affiliation or recognition.

¶ 30

The University’s circular dated 16 September 2023 required colleges to verify eligibility and cancel admissions of students found ineligible.

¶ 15, 31

The Court also followed *Dhruv Bansal v. University of Mumbai & Ors.* and *Amit Pukhraj Yadav v. State of Maharashtra & Ors.*, applying the principle that a student’s education should not suffer because of a college’s admission failure where the student made no misrepresentation, while the responsible college may be ordered to pay costs.

¶ 20, 29, 33–34

Provisions in the judgment · 2 · Linked ones open on LawLens

Maharashtra Public Universities Act, 2016 Section 122 Section 108

04Reasoning

The College’s Board of Studies and Academic Council had resolved to treat Commerce students with Mathematics as eligible, but those decisions could not override Ordinance 5719 or the statutory conditions governing the College’s autonomy and affiliation.

¶ 21, 30–31

The College admitted the Petitioner despite her not meeting the prescribed criteria, failed to follow the University’s eligibility-verification circular, and did not respond to the University’s request for an explanation.

¶ 31–33

The Court therefore attributed the lapse to the College, not the Petitioner; finding no misrepresentation by her and noting that she had completed the course under interim orders, it followed the cited precedents in protecting her educational outcome and imposing costs on the College.

¶ 28–34