Terming it illegal, the Bombay High Court today set aside a decision of the University of Mumbai to impose a penalty of Rs 5.40 lakh on a city college.
The penalty was imposed by the university on R R Educational Trust's College of Education and Research (BEd college) in suburban Mulund as a condition for issuing provisional eligibility certificates in favour of 54 students admitted for the academic year 2007-08.
The penalty was fixed as Rs 10,000 each for 54 students, totaling Rs 5.40 lakh.
The penal action was taken against the college on the ground that the application for issuance of provisional eligibility certificates in respect of these students was submitted by the college after the prescribed date. Aggrieved, the college moved the high court.
The university has no power and authority to impose penalty of Rs 10,000 per student in respect of 54 students admitted by the petitioner for the academic year 2007-08, a bench headed by Justice V M Kanade ruled.
The consequential action on the part of the university to withhold the degree certificates and marksheets of students who were permitted to appear for examinations is also illegal, said the court.
"It is a settled position in law that once the university has permitted the students to appear at the examination, and in this case, has even declared the results, then it cannot withhold issuance of degree certificates or marksheets," the judges said quoting a Supreme Court judgement in the case of Shri Krishan V/s Kurukshetra University.
"We, therefore, direct the university to forthwith issue the marksheets and or degree certificates to such students, who were permitted to appear for examination for the past academic years and whose results were declared and their degree certificates/marksheets were not issued for the reason of non-payment of the said penalty," said the judges.
The court further directed that the penalty amount of Rs 5.40 lakh, deposited by the college with the university, cannot be retained by the latter and hence, be refunded to the petitioner within a period of two weeks.
