If a candidate agrees to the terms and conditions mentioned in the prospectus of
a particular institution before applying for admission into it, he/ she cannot
seek concessions on the same. This remarkable judgement was passed by the single
judge bench of the Delhi High Court, consisting of Justice Jayant Nath in the
matter of Injamam Ul Hossain V All India Institute Of Medical Science & Ors
The present petition was filed by an individual who was graduate in the B.Sc
course and had given the entrance test in which he ranked 4th in the OBC
Category, for M.Sc by virtue of which he was offered admission in AIIMS, Delhi.
The earlier date for submission of documents for procuring admission was
31.7.2020, which was extended by a month in light of delay caused by the
The petitioner produced all documents demanded by the institution apart from his
B.Sc passing certificate due to delay in his previous college in providing him
with it. Due to his failure in submitting the document, AIIMS cancelled his
admission and thus this petition. Further, the UGC had issued UGC Guidelines on
Academic Calendar for the First Year of Under- Graduate and Post-Graduate
Students of the Universities for the Session 2020- 21. As per the said
guidelines where admissions are solely through entrance tests, the relevant
documents of qualifying examination may be accepted upto 31.12.2020.
The respondent contended that AIIMS is an Institution of National importance as
declared under Section 5 of the All India Medical Sciences Act being an
Institution, established under Section 3 of AIIMS Act and is an autonomous body
which is under the purview of the Central Government and that it is not liable
to follow rules of the UGC.
On bare perusal of the facts and basic arguments put forward, the court opined
It has been strongly urged that the petitioners have qualified on merits in the
entrance examination and should not be deprived of their right to get admission
in the college in question on account of the failure of the Universities who are
to give the qualifying certificates in declaring the results of the exams on
account of the present pandemic. It has also been pointed out that AIIMS
themselves have extended the time schedules. The last date for showing proof of
having cleared the qualifying examination was 31.07.2020 which was extended to
But, when the respondent relied on various judgements like Dr. Sandeep P.S.
vs Government of India
, [2020 SCC OnLine Mad 1263], Priyanka Chaudhary vs
National Board of Examinations
, [2016 SCC OnLine Del 5691] and National
Board of Examinations vs. G. Anand Ramamurthy & Ors.
, [(2006) 5 SCC 515],
the bench agreed to their contentions and held that:
The terms of the prospectus would be binding on the candidates. The petitioners
participated in the entrance examination and also participated in the
counselling based on the terms of the prospectus and they cannot now turn around
and seek concessions which are contrary to the terms of the prospectus.
If the plea of the petitioners were to be accepted, then all the candidates who
have not been able to submit their documents of having passed the qualifying
degree as on 31.08.2020 would also have to be given the same relief. This would
naturally cause confusion. In any case, the stipulations as noted above are
reasonable and fair and cannot be termed to be arbitrary. There are no reasons
to interfere in the procedure prescribed by the respondents. The respondent
cannot accommodate to the schedules of all the universities in the country”.
Written By: Prime Legal Law Firm
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