'Student Should Not Suffer For College's Mistakes': Bombay HC Fines Kalyan College ₹1 Lakh Over Admission Lapse

Mumbai, July 3, 2026: Observing that a student should not suffer for the mistakes of his college, the Bombay High Court has fined Seth Hirachand Mutha College of Arts, Commerce and Science Rs 1 lakh for admitting an ineligible BMS student despite being aware of his ineligibility. The court also ordered the release of the student's marksheet and directed the college to ensure such lapses are not repeated.

Court Pulls Up College

A bench of Justices Riyaz Chagla and Farhan Dubash observed that the college, situated in Kalyan, was a "repeat offender" and had committed a similar lapse in an earlier case involving another BMS student. The court directed the college to pay the amount to the University of Mumbai within two weeks.

The petition was filed by a student, through advocate Atharva Dandekar, who had sought declaration of his sixth semester result after being allowed by the court earlier to appear for the examination.

The college admitted that the petitioner had been granted admission despite not clearing the Higher Secondary Certificate (HSC) examination in the first attempt, a mandatory eligibility requirement for the BMS course. It attributed the lapse to "unintentional human error" during the COVID-19 pandemic, saying staff shortages, remote working and communication issues had led to the oversight. The college also said it had requested the university to consider the student's case on humanitarian grounds.

Student's Degree Protected

However, the University of Mumbai, represented by advocate Rui Rodrigues, opposed the college's stand, pointing out that the student's ineligibility had been identified during the admission scrutiny process in December 2022 and communicated to the college. Despite this, the college allowed him to continue the course.

The bench held that the responsibility rested entirely with the college. "The Petitioner should not be made to suffer at the hands of the College," the court observed, noting that the student had already completed all six semesters and passed the final examination.

Coming down heavily on the institution, the court said, "The Respondent No. 4 – College is a repeat offender," referring to an earlier judgment in which it had imposed Rs 50,000 in costs on the same college for a similar violation. Despite that warning, the college failed to verify eligibility norms in the following academic year as well.

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Besides directing the release of the student's marksheet within a week, the court also ordered the college's chairman, Prakash Mutha, represented by advocate Sumit Kothari, to file an affidavit undertaking that such lapses in granting admissions to ineligible students would not be repeated. The matter has been posted on July 13 for compliance.

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