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2008 Supreme(Del) 330

IN THE HIGH COURT OF DELHI
Honble Judges: Gita Mittal, J.
Ms. Rabia – Appellants
Vs.
Jamia Millia Islamia University and Ors. – Respondent
Writ Petition (Civil) No. 1807/2008
Decided On: 17.03.2008

Advocates appeared:
For Appellant/Petitioner/Plaintiff: Arun Sukhija and S.U. Mirza, Advs.
For Respondents/Defendant: M. Atyab Siddiqui, Adv.

Headnote:Constitution of India, 1950

       Article 226 - Writ petition challenging cancellation of admission to B.Ed. (Nursery Education)--Urdu Medium candidate--Candidate not taking Urdu as an optional subject in High School--Candidate not eligible for admission--Cancellation of admission affirmed--Held that interference by courts in such matter is not called for.

JUDGMENT

Gita Mittal, J.

1. By this writ petition, the petitioner assails a communication dated 1st February, 2008 whereby the respondents communicated the decision of the Dean Faculty of Education cancelling the petitioners admission to the B.Ed. (Nursery Education) course conducted by the respondent No. 1.

2. There is no dispute to the material facts essential for the purposes of effective adjudication of the subject matter of this writ petition and to the extent necessary, the same are noted hereafter. The petitioner had passed her high school and senior secondary examination from the Jamia Millia Islamia, New Delhi. After completing her senior secondary education, she successfully completed her B.A. History (Hons.) from the respondent No. 1 University in the 2004-2005 academic session. To support her submissions in this writ petition, reliance is placed on the petitioner having pursued the compulsory subject of Islamiat and Urdu language in the first year of her B.A. Course in which she claims to have obtained 72% marks. After completion of her graduation, the petitioner sought admission to the one year B.Ed.(Nursery Education) course for the academic session 2007-2008 in the Urdu medium category.

3. The petitioner was found eligible to undergo the entrance examination by the respondents and she was issued a role number and admit card for the same. The petitioner was declared successful in the results of the written test displayed on 24th July, 2007 and she was called for an interview on 27th July, 2007 which also she successfully undertook. The final list of successful candidates admitted to the B.Ed.(Nursery Education) course was declared on 31st July, 2007 in which the petitioner was declared successful, fees was deposited by her on 1st August, 2007 Along with all original documents. Upon completion of all formalities the petitioner has attended classes conducted by the respondents from 8th August, 2007 till 4th February, 2008. During such period the petitioner not only attended classes but also undertook teaching practice, as required by the course, in two schools.

4. To the shock of the petitioner, on 4th February, 2008 she received a letter dated 1st February, 2008 whereby she was informed that vide a notification No. Dean/Edu/14/2007 dated 14th December, 2007 the Dean Faculty of Education, Jamia Millia Islamia the admission of the petitioner stood cancelled with immediate effect. As per this communication, the request for cancellation of the admission as mentioned in the notification was informed as follows:

With reference to the notifications of the Dean, Faculty of Education, Jamia Millia Islamia vide No. Dean/Edu./A-14/2007 dated 14.12.2007 followed by discussion with Legal Advisor, JMI on January 30-31, 2008. I am directed to inform you that your admission has been cancelled with immediate effect. The reason for cancellation as mentioned in the Deans notification is as follows:

A candidate in Urdu medium category should have passed high school or higher exam with Urdu as an optional subject. Easy Urdu or Elementary Urdu is not treated as a subject for consideration under this category.

.5. The petitioner is stated to have run from pillar to post to point out the error in the respondents stand. Representations dated 5th, 6th, 12th, 15th, 25th and 27th February, 2008 did not evoke any positive response. In this background, the petitioner has assailed the cancellation of her admission primarily on three grounds. It has firstly been contended by Mr. Arun Sukhija, learned Counsel for the petitioner that the petitioner having pursued the compulsory Urdu language course in her B.A. first year programme, and having secured 72% marks, was fully eligible for admission to the B.Ed.(Nursery Education) course and that she fulfillled the eligibility requirements. Learned Counsel has urged at length that the reliance placed by the respondents on Rule 9 of the Combined Prospectus 2007-08 published by the respondents which conta






























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