The University must be responsive to the needs of meritorious candidates and interpret its guidelines liberally to prevent any miscarriage of justice.

SIDDHARTH MRIDUL, J.

CM APPL. 26764/2018 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P. (C) 7050/2018 & CM APPL. 26763/2018 (Stay)

1. The present petition under Articles 226 and 227 of the Constitution of India, instituted on behalf of the petitioner, seeks a direction in the nature of mandamus to Hindu College, as well as, the University of Delhi, respondent Nos. 1 & 3 herein respectively, to forthwith admit the petitioner to the B.A (Honours) Political Science course (hereinafter referred to as the ‘subject course’) for the academic session 2018-21. The petitioner in the present petition prays as follows:-

“In view of the aforementioned facts and circumstances, it is humbly prayed that this Hon’ble Court may be pleased to admit this petition, and direct as follows:

(a) Declare that the non-grant of admission to the petitioner by the respondents No. 1 and 2 (as sought vide letters and email dated 06.07.2018) was illegal.

(b) Pass a writ of mandamus or such other appropriate writ or order directing grant of admission to the petitioner who was given the registration No. 180274800 to the course as stated herein-below:

(i) Against respondent No. 2 for the course of B.A. History (Hons.).

(ii) In the alternative to the prayer (b)(i) hereinabove, against respondent No. 2 for the course of B.A. Programme.

(iii) In the alternative to the prayer (b)(ii) hereinabove, against respondent No. 1 for the course of B.A. Political Science (Hons.).

(c) Declare that the omission of the respondent No. 3 of not having directed the respondent No. 1 and 2 to conduct the admissions as per the guidelines set out by the respondent No. 3 in its Bulletin (binding on the Respondent No. 1) was illegal.

(d) Pass such other; writs/Orders/directions/declarations as may be deemed fit and proper in the extra-ordinary circumstances of the present case.”

2. Learned counsel appearing on behalf of the petitioner, on instructions, limits the relief in the present petition to a direction to respondent Nos.1 and 3 to grant him admission to Hindu College, respondent No. 1 herein, in the subject course, for the academic year 2018-19, in view of the circumstance that subsequent upon the revaluation of his marks, he meets the cut-off percentage for the said course in Hindu College. Counsel for the petitioner would urge that the present petition is covered on all fours by the decision of this Bench in W.P. (C) 7024/2018, titled as Akshita Singh vs. Lady Shri Ram College for Women & Ors. decided on 11.07.2018.

3. In Akshita Singh (supra), this bench observed as follows:

“9. The legal position that emerges from a conspectus of the afore-mentioned decisions is as follows:

(a) Revaluation cannot be an exercise in futility.

(b) The relevant cut-off date for admission of a student, is the date stipulated therefor, by the University of Delhi.

(c) The assertion of the University of Delhi that if admissions is continued indefinitely, due to delayed revaluation of marks by CBSE, the same would result in a delay in the commencement of the academic session, is completely misplaced, in view of the preceding sub-para.

(d) Despite the circumstance that all the seats in the subject course have been filled by a particular college, the court can direct the University of Delhi for creation of a supernumerary seat.

(e) The assertion that a meritorious student has already obtained admission to another college cannot disentitle them from securing admission to a college or subject of their own choice.

(f) That the college in question, when directed to create a supernumerary seat, is empowered to approach the University Grants Commission for release of additional funds.

xxx xxx xxx

15. It is axiomatic that when it comes to admission of students, the University of Delhi, in terms of the decisions of this Court, is required to be responsive to the needs of meritorious candidates, lest the latter are denied freedom of choice, on account of delay occa