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2015 Supreme(Del) 1238

IN THE HIGH COURT OF DELHI AT NEW DELHI
G. ROHINI, JAYANT NATH, JJ.
Pallavi Sharma - Appellant
Versus
College of Vocational Studies & Anr. - Respondents
LPA 424/2015 & CM No.11842/2015
Decided on : 10.07.2015

Advocates:
Advocate Appeared:
Mr. R.K. Saini, Adv.
Mr. Ankur Chhibber, Adv. for R-1. Mr. Mohinder J.S. Rupal, Adv. for University of Delhi.

The prescribed admission procedure in the Prospectus/Bulletin of Information issued by educational institutions is binding, and failure to adhere to the procedure can justify denying admission to a candidate, even if they meet the eligibility criteria.

Headnote:

Admission - B.A. (Vocational Studies) - University of Delhi Central Registration System, 2015-16 - [University of Delhi Act, 1922 - Section 2(3)(a), Section 2(3)(b), Section 2(3)(c); University of Delhi Ordinance, 1978 - Ordinance 1, Ordinance 2] - The court discussed the procedure for admission as prescribed by the University of Delhi and the first respondent College, emphasizing the requirement for candidates to mention their choice of college and courses in the OMR Form. The court highlighted the importance of adhering to the prescribed procedure and the binding nature of the Prospectus/Bulletin of Information issued by educational institutions. The court also considered the eligibility criteria and the impact of a candidate's failure to mention a specific course in the OMR Form on the admission process.

Fact of the Case:

The appellant sought admission in B.A. (Vocational Studies) at the University of Delhi but was denied admission due to not mentioning the course in the OMR Form, despite meeting the eligibility criteria.

Finding of the Court:

The court upheld the dismissal of the writ petition, emphasizing the importance of following the prescribed admission procedure and the binding nature of the Prospectus/Bulletin of Information. The court also noted that the appellant's failure to opt for the course of B.A. (Vocational Studies) in the OMR Form would be detrimental to other students who had applied for admission to the said course.

Issues: The key issue was whether the appellant's failure to mention B.A. (Vocational Studies) in the OMR Form justified denying her admission despite meeting the eligibility criteria.

Ratio Decidendi: The court held that the prescribed procedure in the Prospectus/Bulletin of Information issued by the institutions is binding, and no mandamus can be issued directing the educational institutions to act contrary to their own procedure. The court also emphasized the importance of adhering to the prescribed admission procedure and the impact of a candidate's failure to mention a specific course in the OMR Form on the admission process.

Final Decision: The appeal was dismissed, and the court held that the appellant's failure to mention B.A. (Vocational Studies) in the OMR Form precluded her from claiming admission to that course after the declaration of the cut-off percentage.

Judgment

G. Rohini, J.

1. The unsuccessful petitioner in W.P.(C) No.6398/2015 is the appellant before us. The said writ petition was filed aggrieved by the action of the respondents in not giving admission to the petitioner in the course of B.A. (Vocational Studies) as per the 3rd cut-off list declared by the first respondent College and seeking a direction to the respondent No.1 to forthwith give admission to her in the 1st Year B.A.(Vocational Studies). The writ petition was dismissed by the learned Single Judge by order dated 06.07.2015 and the same is under challenge in the present appeal.

2. The appellant/writ petitioner passed the Senior School Certificate Examination (Class XII) of the Central Board of Secondary Education, Delhi in the stream of Commerce and secured 89% of marks. She desired to take admission in Under Graduate courses in the University of Delhi and accordingly she submitted the application form online.

3. It may be noted that the University of Delhi initiated a Central Registration System for students seeking admission in the Under Graduate courses in the University, according to which, the candidates need not submit the application form for each college of the University but it is suffice to submit the centralized registration form known as OMR Pre-Admission Form online or off-line at the Admission Information Centres mentioned in the Information Bulletin, 2015-16 issued by the University of Delhi.

4. The first respondent College i.e. College of Vocational Studies which is affiliated to the University of Delhi offers B.A.(Vocational Studies) Course for students of Commerce stream. The eligibility for admission into the said course is 40% of marks in 4 subjects (one language and three elective subjects) in Senior School Certificate Examination. The procedure of calculation of best of 4 percentage for B.A.(Vocational Studies) has been prescribed in the Bulletin of Information, 2015-16 issued by the first respondent College as under:-

“Procedure of Calculation of Best of Four Percentage for B.A. (Vocational Studies) The following subjects have to be included in the calculation of the Best of Four percentage:

i.) One Language (Elective/Core/Functional)

ii.) Any three elective subjects can be chosen. A disadvantage of 3% may be imposed on the Best of Four percentage in case of change of stream.

iii.) For admission to B.A. (Vocational) only, related vocational subjects may be treated at par with academic/elective subjects.”

5. It was pleaded in the writ petition that as per the third cut-off percentage list issued by the first respondent College for admission to B.A.(Vocational Studies), the cut-off percentage was declared as 88% and above and as such the petitioner/appellant who secured 89% of marks is eligible and entitled to admission in B.A.(Vocational Studies). It was alleged that the first respondent College refused admission to the petitioner/appellant on the ground that in the OMR Form submitted by her online in the Column “Courses” she had mentioned only (i) B.A.(Hons.) Academics, (ii) B.A.(Hons.) English, (iii) B.Com., and (iv) B.Com.(Hons.) but not B.A.(Vocational Studies). The said action of the respondents is assailed in the writ petition contending inter alia that the omission to mention B.A.(Vocational Studies) in the OMR Form is a mere technical error for which the petitioner who had admittedly secured more than the cut-off marks of 88% cannot be denied admission.

6. The learned Single Judge did not agree with the said contention and dismissed the writ petition holding that –

“11. I am unable to find the petitioner to have made out any case whatsoever. The procedure for admission prescribed by the respondent no.2 University of Delhi having provided for the admission seekers to fill up their choice of college and choice of courses in which they want to pursue graduation, admission of a candidate who has not applied for admission to a particular college or to a particular course cannot be directed. If the














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