If you are stuck in such a situation, here is what to do.

Mr. Rohan, a bright student from a town in Uttar Pradesh, appeared for his 12th-grade examinations conducted by the National Open Learning Council (NOLC). He aspired to join a prestigious engineering college, “Apex Institute of Technology,” which had a minimum eligibility criterion of 75% marks. Unfortunately, Mr. Rohan scored 73%, falling just short of the requirement. Undeterred, he promptly applied for the improvement examinations to better his score. However, he found himself in a difficult position as the college’s admission deadline was looming, but the results for his improvement exams had not yet been declared by NOLC. To secure a provisional admission and not lose the academic year, he was advised to submit an affidavit to the college administration explaining his situation.

Advice in such cases

An affidavit is a formal sworn statement of fact, made voluntarily by a person known as the deponent, under an oath or affirmation administered by a person legally authorized to do so, such as a Notary Public or an Oath Commissioner. In a situation like this, the affidavit serves as a formal undertaking to the educational institution.

• The primary purpose is to declare that you have appeared for the improvement exams and are awaiting the results.
• It acts as a guarantee to the college that you will submit the final marksheet as soon as it is released by the examination board.
• It requests the institution to grant you provisional admission based on your existing documents and this sworn undertaking.
• This demonstrates your bona fide intentions and helps the college administration to process your application, subject to you meeting the eligibility criteria upon the declaration of results.

Applicable Sections of Law

The creation and acceptance of affidavits are governed by procedural laws in India. While this is an administrative requirement and not a criminal or civil dispute, the legal sanctity of an affidavit comes from specific statutes.

• The Oaths Act, 1969: This Act consolidates the law relating to oaths and affirmations. Section 3 of this Act empowers courts and authorized persons (like Notaries) to administer oaths and receive affidavits. An affidavit sworn before a Notary is considered a valid legal document.
• The Notaries Act, 1952: This Act governs the appointment and functions of Notaries. A Notary Public is authorized to verify, authenticate, and certify the execution of any document, including affidavits.
• Principles under Bharatiya Sakshya Adhiniyam, 2023 (BSA): While the BSA primarily deals with evidence in judicial proceedings, the principles of truthfulness and the consequences of false statements are relevant. Making a false statement in an affidavit can lead to legal repercussions for perjury.

If you are the complainant

In this context, you are the student making a request, not a complainant in a legal dispute. Here are the steps to follow if you need to submit an affidavit for provisional admission:

• Gather Your Documents: Collect all relevant papers, including your current (original) marksheet, the admit card or registration proof for the improvement exam, your college application form, and a government-issued photo ID like an Aadhaar card.
• Draft the Affidavit: Prepare a draft of the affidavit. It should clearly state your name, address, details of the exams taken, the fact that you are awaiting improvement results, and an undertaking to submit the new marksheet by a specific date or within a reasonable time after its declaration.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Notarization: Take the printed affidavit on stamp paper (the value of which can be confirmed by your lawyer or the notary) to a Notary Public. You will have to sign the affidavit in the presence of the Notary, who will then attest it with their seal and signature.
• Submission: Submit the original notarized affidavit along with copies of the supporting documents to the college’s admission office as per their instructions.

If you are the victim

If the college rejects your application or affidavit without a valid reason, you are not a “victim” in a criminal sense, but you do have recourse. Here is what you can do:

• Seek Written Communication: Request the college administration to provide the reason for their refusal in writing. This creates a formal record of their decision.
• Review College Rules: Check the university’s admission brochure and regulations. Often, there are provisions for provisional admissions that you can cite in your favour.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer can draft a formal representation or a legal notice to the college authorities, highlighting the fairness of your request and citing relevant rules or precedents.
• Appeal to Higher Authorities: You can appeal the decision to a higher authority within the institution, such as the Dean of Admissions, the Registrar, or even the Vice-Chancellor.

How the police behave in such cases

The police have absolutely no role in matters concerning college admissions and the submission of affidavits for such purposes. This is a purely civil and administrative issue between the student and the educational institution. Police involvement would only become necessary if there is an allegation of a criminal act, such as forgery of documents, fraud, or submitting a fake affidavit. In a standard case of requesting provisional admission, you should not approach the police, as they have no jurisdiction.

FAQs people normally have

• What exactly is an affidavit?
  An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court or for administrative purposes. It is a declaration of facts that the person signing it (the deponent) swears to be true.
• Who can attest or notarize an affidavit?
  An affidavit must be sworn before and attested by a person legally authorized to administer oaths, which includes a Notary Public or an Oath Commissioner appointed by the High Court.
• Is an affidavit a legally binding document?
  Yes. Since you are making a statement under oath, it is legally binding. Providing false information in an affidavit is a punishable offense under the law, equivalent to perjury.
• What key details must be in the affidavit for provisional admission?
  It must include your full name and personal details, the name of the examination board, details of the improvement exam you appeared for, a clear statement that the results are awaited, and an undertaking that you will submit the final marksheet as soon as it is available and that your admission can be cancelled if you fail to meet the eligibility criteria.

What evidence is required?

When submitting the affidavit, you should attach self-attested copies of the following documents as annexures to support your claim:

• Proof of identity and address (e.g., Aadhaar Card).
• The original marksheet from your first attempt at the 12th-grade exam.
• The admit card or registration slip for the improvement examination.
• A copy of the college’s provisional admission offer or your application form.

How long will the investigation take?

There is no “investigation” in this process. The time taken to process your request for provisional admission depends entirely on the college’s internal administrative procedures. After you submit the affidavit and supporting documents, the admissions office will review them. A decision is usually communicated within a few days to a week, depending on the efficiency of the institution and the volume of applications they are handling. It is advisable to follow up politely with the admissions office after a reasonable period.

Advocate Sudhir Rao, Supreme Court of India