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2014 Supreme(Del) 2322

High Court of Delhi
RAJIV SAHAI ENDLAW, J.
Siddarth Singh
Versus
The Vice Chancellor, Delhi University & Others
LPA No. 679 of 2014
Decided on: 29-10-2014

Advocate Appeared:
For the Petitioner:R.K. Saini, Virendra Rawat, Advocates.
For the Respondent:R1, Saurabh Banerjee with Sumit Nagpal, R4, Amit Khemka with Rishi Sehgal, Advocates.

Headnote:

Education - Admission - Denial - Writ petition - Scope of - Writ petition seeking mandamus directing the respondents to grant admission to the appellant in the academic year 2014-15 in the B.Com. (Hons.) course under the Sports Quota - Petitioner went to deposit the fee along with original testimonials, he was refused admission for the reason that he did not have Mathematics in Class XII - There was no time for the appellant to, after the revised schedule for admission was notified on 30th June, 2014, apply for admission in Sports Quota in any other College - It is a case where owing to the mess which is the creation of the respondent University itself, in spite of clear signals of change in policy, first persisting with the FYUP and at the last minute relenting - Petitioner has been left without admission to any college in spite of securing high marks making him eligible for admission in the Sports Quota in colleges - Petitioner faces the stark reality of wasting one year of his academic life - Judgment of the Single Judge is set aside - Writ petition is allowed - Respondent no.4 is directed to verify the testimonials of the petitioner and admit him to the B.Com. (Hons.) programme in the academic session 2014-15.

Judgment

Rajiv Sahai Endlaw, J.

1. This intra-court appeal impugns the judgment dated 10th September, 2014 of the learned Single Judge of this Court of dismissal of W.P.(C) No.4794/2014 preferred by the appellant/writ petitioner.

2. Notice of this appeal was issued. Considering the nature of the relief claimed, we, with consent, heard the counsels for the appellant/writ petitioner, respondents no.1 to 3 Delhi University and the counsel for the respondent no.4 Maharaja Agarsen College affiliated to the Delhi University, finally, at the after notice stage itself and reserved judgment.

3. The writ petition from which this appeal arises was filed seeking mandamus directing the respondents to grant admission to the appellant/writ petitioner in the academic year 2014-15 in the B.Com. (Hons.) programme/course under the Sports Quota, pleading:

(i) that the appellant/writ petitioner in the year 2014 passed his Class-XII examination, held by the Indian Certificate of Secondary Education (ICSE) Board as a student of Sherwood College, Nainital in Commerce stream, securing 86% marks in Commerce, 86% marks in Economics, 83% marks in Accountancy as well as in the subjects of English and Hindi;

(ii) that the appellant/writ petitioner had also played several sports including Athletics and Basketball for the school as well as at the District, State and National Level;

(iii) that the appellant/writ petitioner applied for admission in the respondent University by filling up the prescribed Common Admission Form; the appellant/writ petitioner also applied under Sports Quota and appeared for trials etc. and was selected for B.Com. (Hons.) course under Sports Quota in the respondent no.4 College which is nearby to the appellant/writ petitioner’s house;

(iv) however when the appellant/writ petitioner went to deposit the fee along with original testimonials, he was refused admission for the reason that he did not have Mathematics in Class XII;

(v) that other Colleges of/affiliated to the respondents no.1 to 3 Delhi University including Shri Ram College of Commerce, Ramjas College, Hans Raj College gave admission in B.Com. (Hons.) without mathematics in Class XII;

(vi) thus the denial of admission by the respondent no.4 College to the appellant/writ petitioner was totally discriminatory;

(vii) that the appellant/writ petition did not apply for being selected in other colleges under the Sports Quota where the other candidates who had secured 65% marks in Class XII got admission in Sports Quota;

(viii) that as per the admission brochure of the Delhi University for the year 2014, there was no condition stipulated with regard to Mathematics as one of the subjects required for admission in B.Com. (Hons.).

4. The writ petition was entertained and a counter affidavit was filed on behalf of the respondents no.1 to 3 Delhi University as well as on behalf of the respondent no.4 College.

5. The learned Single Judge, by the impugned judgment, dismissed the writ petition, finding/observing/holding:

(a) that the appellant/writ petitioner could not rely on the admission brochure published by the respondent Delhi University for the year 2014-15 as the same was for admission to the Four Year Undergraduate Programme (FYUP) but which programme, as per the Statement dated 27th June, 2014 of the Vice Chancellor of the Delhi University and the Resolution dated 28th June, 2014 of the Academic & Executive Council of the University and the Notification dated 30th June, 2014, was rolled back;

(b) that the FYUP was scrapped prior to any admission having been made by any college;

(c) that the Schedule of Admission for the academic year 2014-15 as contained in the admission brochure relied upon by the appellant/writ petitioner was replaced by another Schedule dated 30th June, 2014;

(d) the contention of the appellant/writ petitioner that the Rules for admission had been retrospectively changed was thus misconceived;

(e) In fact, the Delhi University and all its colleges admitted students in accordanc






























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