IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
Suraj Pratap Singh - Petitioner
Versus
University of Delhi & Anr. - Respondents
W.P.(C) No. 8967 of 2016
Decided On : 04-10-2016
Admission - LLB Course - Delhi University Information Bulletin - Clause 4.2, Notification for Counselling - Clause 2 - Ankita Chaudhary vs. Gurugobind Singh Indraprastha University - [B.A. (Sociology-Political Science) Course] - [Clause 4.2, Clause 2] - The court discussed the Delhi University Information Bulletin and its applicability to admission to LLB course, emphasizing that candidates without declared qualifying degree results are eligible for subsequent admission lists. The court also referred to a previous case to establish the prospectus as the law for the academic session and held that subsequent notifications cannot alter the rules and procedures communicated prior to the entrance examination. The court found the university's denial of admission to the petitioner based on undeclared results to be unsustainable and directed the university to consider the petitioner's application for admission.
Fact of the Case:
The petitioner sought admission to the LLB course at Delhi University for the academic session 2016-17. The university denied admission to the petitioner citing undeclared results of the qualifying degree examination at the time of counselling.
Finding of the Court:
The court found the university's denial of admission to the petitioner based on undeclared results to be unsustainable and directed the university to consider the petitioner's application for admission.
Issues: The main issue was the eligibility for admission to the LLB course at Delhi University based on the Delhi University Information Bulletin and the notification for counselling.
Ratio Decidendi: The court established that candidates without declared qualifying degree results are eligible for subsequent admission lists and that subsequent notifications cannot alter the rules and procedures communicated prior to the entrance examination.
Final Decision: The petition was allowed, and the respondent-university was directed to consider the application of the petitioner for admission.
Sanjeev Sachdeva, J.
1. The petitioner, impugns the action of the respondent-university in not grating him admission in the LLB course for the academic session 2016-17.
2. The petitioner appeared for the qualifying B.A. (Sociology-Political Science) Course from the Swami Vivekanand Subharti University, Meerut. The petitioner applied in Delhi University for seeking admission to the LLB course commencing from the academic session 2016-17 and secured 478 rank in the OBC Category in the entrance examination.
3. As per the petitioner, the result of the qualifying degree (B.A.) was not declared by the concerned university till the time application was submitted for appearing in the entrance test.
4. It is contended that in terms of the information bulletin issued by the Delhi University, candidates who had appeared for the qualifying Degree examination, were eligible to appear in the entrance test. Candidates who qualified on the basis of entrance admission test, but whose result of the qualifying degree examination were not available, were not to be granted provisional admission. However, such candidates could be considered for admission in the subsequent admission lists as and when their results of the qualifying degree examination were declared, provided the candidates submit the result to the respondent-university.
5. It is contended that in the notification issued by respondent-university intimating the date of registration for the entrance test, it is stipulated that all the candidates, including those whose result of the qualifying degree examination have not yet been declared, must attend the counselling as per the schedule.
6. It is contended that the petitioner was invited for counselling on 26.08.2016, the date by which his result of qualifying degree examination had not been declared. The petitioner was not granted admission.
7. It is contended that now the result has been declared by the concerned university and the petitioner has qualified his BA degree course. The result has been sent directly by the concerned university to the Respondent-University, which as per the tracking report has been received by it on 19.09.2016.
8. It is further contended that even post 19.09.2016, subsequent admission lists have been taken out by the respondent-university and the petitioner is, therefore, entitled for admission to the LLB course for the academic session 2016-17 in terms of bulletin of information of Delhi University.
9. Per contra, learned counsel for the respondent-university submits that the information bulletin is merely a general information bulletin and is a compendium of notice etc. of various departments/centres/faculties/colleges. He submits that in so far as students seeking admission to LLB course are concerned, they are governed by the notification issued for registration for the entrance test and the subsequent admission lists.
10. It is contended that, in terms of the notification issued for registration for the entrance test, if a candidate’s result for the qualifying degree examination has not been declared by the time he/she is invited for counselling as per his/her rank, he/she is not to be granted admission. The candidate in such a situation would forfeit his/her seat and would not be entitled to admission even in the subsequent admission lists.
11. It is further contended that in terms of the notice dated 24.08.2016 issued for the first counselling, only those candidates who had got qualified rank in the entrance test as specified therein, and who could update their qualifying degree marks, were eligible for appearing in counselling. It is contended that since the result of the petitioner had not been declared till that date, he could not have updated the portal with the qualifying degree marks and hence he was not eligible for appearing in the counselling. It is further contended that in terms of the list of documents required for the admission to the LLB course, one of the mandatory documents required is
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