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

Mr. Rohan, a bright student from the city of Prayag, found himself at a crossroads. He was currently in his second year of a Master of Computer Applications (MCA) program at a local institution, the “Prayag Institute of Digital Sciences.” However, he felt the quality of education was not up to the mark and it wouldn’t help him achieve his career aspirations. His dream was to study at one of the prestigious “National Institutes of Technology and Innovation (NITIs)” and he was considering appearing for their nationwide entrance exam, the “All India Tech Entrance (AITE).” His dilemma was whether it was legally and academically permissible to abandon his current MCA program midway and enrol in the same degree course at a different, more reputable university. He was worried that this might be considered fraudulent or that the NITI might reject his application if they discovered his prior enrolment.

Advice in such cases

Navigating the rules of higher education in India can be complex. If you find yourself in a situation similar to Rohan’s, here is some general advice:

• Review University and Exam Regulations: The first step is to thoroughly read the admission prospectus and regulations of the new university (in this case, the NITIs) and the rules of the entrance exam (AITE). Look for any specific clauses that prohibit candidates who are already enrolled in or have completed the same degree from applying.
• Consider the Implications: Think about the time and financial resources you have already invested. Also, consider the potential gap in your academic record if you drop out of your current course.
• Credit Transfer Possibilities: Some universities may have provisions for credit transfer, allowing you to carry over the subjects you have already passed. However, this is rare for admissions into premier institutions via competitive exams.
• Be Transparent: It is generally advisable to be truthful in your application forms. Hiding a previous enrolment can lead to the cancellation of your admission at a later stage if discovered.
• 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.

Applicable Sections of Law

There is no single central law in India, such as the Bharatiya Nyaya Sanhita (BNS), that explicitly prohibits a student from pursuing the same degree twice from different universities. Educational regulations are primarily governed by the University Grants Commission (UGC) and the individual statutes, ordinances, and regulations of each university.

• UGC Guidelines: The UGC sets the standards for higher education. While the UGC has regulations against pursuing two full-time degree programs simultaneously, it is generally silent on pursuing the same degree again after discontinuing or completing it. The final decision often rests with the admitting university.
• University Autonomy: Universities in India are autonomous bodies that frame their own rules for admission. Therefore, the eligibility criteria set by the specific NITI in its admission brochure would be the primary legal document to consider. If their rules do not explicitly bar a student like Rohan, he is likely eligible to apply.

If you are the complainant

If you are a student seeking admission and are unsure about your eligibility, it is proactive to act as the “complainant” or inquirer to seek clarity beforehand.

• Gather Your Documents: Keep your current academic records, mark sheets, and enrolment details from your existing college ready.
• Seek Written Clarification: You can write a formal letter or email to the admissions office of the target university, clearly stating your situation and asking for a clarification on their policy. A written response will serve as evidence.
• Read the Prospectus Carefully: Highlight any clauses related to eligibility, prior education, and disclosure of information.
• 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. An education lawyer can help you draft a formal inquiry to the university.

If you are the victim

If your application is arbitrarily rejected by the university solely on the grounds of your previous enrolment, you may be considered a “victim” of an unfair or non-transparent admission process.

• Request Reason in Writing: If your admission is denied after you qualify in the entrance exam, formally request the university to provide the reason for rejection in writing.
• File an Appeal: Most universities have an internal grievance redressal mechanism or an admissions committee to which you can appeal the decision.
• File an RTI: You can file a Right to Information (RTI) application to obtain copies of the rules and regulations based on which your application was rejected.
• 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. If the rejection is found to be arbitrary, illegal, or in violation of the university’s own rules, your lawyer might suggest filing a writ petition before the High Court.

How the police behave in such cases

The police have absolutely no role in matters of university admissions and eligibility criteria. This is a purely civil and administrative matter between the student and the educational institution. Police intervention would only be warranted if there is an element of criminality, such as forgery of documents, impersonation, or cheating in an exam, which are offences under the Bharatiya Nyaya Sanhita (BNS). A simple case of re-applying for a degree does not involve the police.

FAQs people normally have

• Is it illegal to pursue the same degree course again?
  No, it is not illegal. However, its permissibility depends entirely on the rules and regulations of the specific university you are applying to.
• Do I have to disclose my previous MCA enrolment in the new application form?
  Yes, it is always best to be truthful. Most application forms have a declaration that you must sign, stating that all information provided is true. Hiding information can be grounds for disqualification later.
• Can I hold two MCA degrees from two different universities?
  Yes, you can. However, for most employment or further education purposes (like a Ph.D.), you can typically only use one of the degrees as your qualifying degree.

What evidence is required?

If you need to challenge a university’s decision, the following documents will be crucial:

• The admission brochure or prospectus of the university.
• A copy of your filled application form.
• Your entrance exam scorecard.
• All correspondence with the university, including emails and letters.
• The official rejection letter from the university stating the reason for denial.
• Your academic transcripts from the previous college.

How long will the investigation take?

The term “investigation” is not applicable here. The duration of the “resolution process” depends on the path taken. An internal appeal within the university might take a few weeks to a couple of months. If the matter goes to the High Court via a writ petition, the process can be lengthy, potentially taking several months to years to reach a final decision, although interim relief might be granted earlier.

Advocate Sudhir Rao, Supreme Court of India