Wednesday 5 December 2012
Institutes can deny admission on disciplinary grounds: HC
An educational institute is "well within" its right to deny admission to a successful candidate if his presence adversely affects discipline, the Delhi high court has ruled.
"The right of an educational institution to either admit or deny admission is beyond dispute and no student has got a right to compel an institution that he should be admitted," a bench of Chief Justice D Murugesan and Justice R S Endlaw noted while dismissing a plea by a former Jamia Millia Islamia student against denial of admission.
The bench also said a selected student is entitled to admission, but "equally, it is the solemn responsibility on the part of the university to consider the past conduct of the student even if such student was ranked for the admission.
"If admission of the appellant is not conducive for good administration of the university and if it affects the discipline among other students, it would be well within its right to refuse admission," it said, pointing out that "responsibility" of an institute is to not only impart education but also to "inculcate" discipline.
Hamidur Rehman had filed a plea in HC that he was "arbitrarily" denied admission in M A (Persian) by JMI for academic session 2012-14, because he wanted to restore democracy in the form of student elections. Rehman said he ranked 21 in the test, held for admission for total 30 seats, but the university admitted only 20 students to deny him admission.
But the HC dismissed the appeal giving credence to reports from "heads of each of the departments, which stated that the appellant was offensive and aggressive against the university".
While an educational institution can't deny admission to such of those students who would be entitled to be admitted on the basis of ranking, the court said, but added that "equally, we are also not oblivious of the importance of discipline among students. Universities today have striven to ensure principled conduct for admission of students and the transition to higher education. The code of conduct is amongst the necessary elements which are known today for admission of any student in schools or universities".
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