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2006 Supreme(Del) 2066

High Court Of Delhi
ANIL KUMAR
NISHTHA JAIN (MINOR) - Appellant
Versus
UNIVERSITY OF DELHI - Respondents
W. P. (C) 13811 Of 2006
Decided On : 11/13/2006

Advocates Appeared:
Ashish Gupta, AVNISH AHLAWAT, B.R.SHARMA, MOHINDER J.S.RUPAL, RASHMI RAI

The main legal point established is the requirement for candidates to appear for counselling as per the schedule, the filling of vacant seats in order of merit, and the finality of admissions as per the specified time schedule.

Headnote:

Counselling - Admission - Combined Entrance Examination 2006 - Section 4.6, 3.8, 1.7a, 4 - The court discussed the procedures for admission to B.E. courses as per the prospectus, including the schedule for counselling and admission, the requirement for candidates to appear for counselling as per their rank, and the consequences of not appearing for counselling. The court also considered the filling of vacant seats and the finality of admissions, citing relevant legal provisions and precedents.

Fact of the Case:

The petitioner sought a writ against the University of Delhi and Netaji Subhash Institute of Technology for not being called for counselling for admission as per the schedule. The petitioner claimed that she was not required to appear for counselling on 25th July, 2006 as all seats were filled by 21st July, 2006. The respondents contested, stating that all seats were not filled and the petitioner forfeited her right by not appearing for counselling.

Finding of the Court:

The court found that the petitioner was required to appear for counselling on 25th July, 2006 despite the claim that all seats were filled. The court dismissed the writ petition, stating that the petitioner failed to establish her right for admission after forfeiting it due to non-appearance.

Issues: The main issue was whether the petitioner had the right to admission after forfeiting it by not appearing for counselling as per the schedule.

Ratio Decidendi: The court held that the petitioner was required to appear for counselling as per the schedule, and the filling of vacant seats was to be done in order of merit. The court also emphasized the finality of admissions and the necessity of providing a time schedule for admissions.

Final Decision: The writ petition was dismissed as the petitioner failed to establish her right for admission after forfeiting it due to non-appearance.


ANIL KUMAR, J.

( 1 ) WITH the consent of the parties, the writ petition is taken up for final disposal. Learned counsel for the parties contended that no further affidavits are to be filed on behalf of parties.

( 2 ) THE petitioner has sought a writ against the respondents, University of delhi and Netaji Subhash Institute of Technology to call the petitioner for counselling for admission on 31st August, 2006 or at any other dated as directed by the Court.

( 3 ) BRIEF facts to comprehend the controversies are that the petitioner applied for Combined Entrance Examination 2006 held by respondent No. 2 for admission to its institute and her merit rank in the written test was 1329.

( 4 ) AS per the prospectus 2006-07 of respondents providing schedule of counselling and admission, the counselling had to commence from 12th July, 2006. The counselling was to be done at NSIT Auditorium, Azad Hind Fauj Marg, Sector 3, Dwarka, New Delhi-110075 at 10. 30 am unless specified otherwise. Different dates were given for counselling from 12th July, 2006.

( 5 ) INSTRUCTIONS for candidates categorically stipulated that only one chance for counselling on the dates as notified in the prospects will be given to the candidates and they would be called one by one according to their rank in cee 2006 from amongst those present at the time and the date as specified in section 4. 6 of the prospectus. The candidates were required to pay fee immediately to confirm his/her admission. The relevant instructions for candidates are as under:-"the procedure for admission to B. E. Courses in Netaji Subhash Institute of technology and Delhi College of Engineering for the year 2006 batch will be as follows: candidates are required to come for admission as per schedule given later in section 4. 5 provided that they have submitted the application and have the rank as specified in the schedule. The list of applicants will be displayed on the notice Boards. No letters calling the candidates for admission will be issued. the candidates are required to present themselves as per the schedule in Section 4. 6 according to the rank in CEE-2006. Only those candidates who have submitted application for admission in the prescribed form in time and have the rank as specified, will be considered for admission. Only once chance for counselling as notified in the Prospecturs will be given to the candidates. The candidates will be called one by one according to their rank in CEE-2006 from amongst those present at the time and date as specified in sectin 4. 6. they will be formed of the Branch offered to them as per their preference indicated by them in Application Form and their rank in CEE-2006 and asked to present documents. After verification, the originals and Xerox copies will be retained by the Chairman, Admission Committee and an Admission Slip will be issued. The candidate must pay the fees immediately to confirm his/her admission. If a candidate does not report for admission on the scheduled date at the specified time either in person or through his/her nominee for counselling as per his/her CEE-Rank on the notified dates (s) and/or refuses the offer of admission depending upon the availability of seats at the time of counselling or if a seat is offered in the Branch which may or may not be his/her first preference and he/she refuses to accept the same or he/she does not pay the fees on the day of admission, He/she shall forfeit his/her claim for admission to b. E. Programme during the said year. The Original Certified of the admitted candidate will be returned after Dec. 2006 or on withdrawal from the Institute/college whichever is earlier. "

( 6 ) SINCE the merit rank of the petitioner was 1329, she had to appear on 25th July, 2006 at 10. 30 am for counselling. "the time and place of counselling as indicated in the prospectus for the petitioner is as under:-``25. 07. 2006: The candidates of DG having ranks (Tuesday)1251 to 1600 in CEE-2006 are to report 10. 30 A. M. f
























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