Eligibility for admission has to be seen as on the date when the admission is offered.

JUDGMENT :

ASHA MENON, J.

1. The appellant/University of Delhi has filed two intra-court appeals being aggrieved by the common judgment dated 08.11.2019 whereby, it has been directed to grant admission to Praveen Sagar [respondent in LPA 729/2019 arising from W.P. (C) 10639/2019] and Umang Bhardwaj [respondent in LPA 734/2019 arising from W.P. (C) 10629/2019] in the LL.M. course upon fulfilment of requisite formalities with a further direction that the appellant/University will make suitable adjustments qua their attendance and if necessary, will hold extra classes for them.

2. There is no dispute to the fact that the respondents/petitioners had taken supplementary exams in respect of the papers in which they had failed and they had cleared the said exams after the cut-off date i.e. 31.08.2019. The contention of the appellant/University, both before the learned Single Judge as also before us is that the respondents/petitioners did not possess the basic qualification as on the cut-off date i.e. on 31.08.2019, since they had not passed their LL.B. course.

3. To put the facts in perspective, we may note that the results of the main LL.B. examination were declared on 31.07.2019. The entrance exam for the LL.M. course was held on 05.07.2019 and the results declared on 20.07.2019. The supplementary exams of LL.B. 6th Semester were no doubt held in the month of August, 2019, but the results were declared only in mid October, 2019, after the cut-off date.

4. Mr. Rupal, learned counsel for the appellant/University argued that the respondents/ petitioners could not be admitted to the LL.M. course even provisionally as they lacked the basic eligibility qualification of an LL.B. Degree. On the directions of this court, Mr. Rupal had produced the background note of the Minutes of the Meeting of the Academic Council of the year 2010, leading to amendments to some clauses of Ordinance II, including Clause 3, which we have perused. He further pointed out that as is evident from the said background note, the University was examining the issue of fixing a cut-off date to process the admissions right from the year 2010 onwards. He submits that in any event, this was in keeping with the directions issued by a Division Bench of this Court in University of Delhi vs. Varun Kapoor, 2011 SCC Online Del 2077, where it was also observed as follows:-

“Further, we see no reason why the University should not scrutinize the cases of provisional admissions by the cut-off date and bring an end to the issue the day next.”

5. According to Mr. Rupal, learned counsel for the appellant/University, subsequent to the decision of the Division Bench in Varun Kapoor (Supra), the University had modified its Rules to fix the last date for the admission process as 31st August of the year in which the admissions were taking place, beyond which it was not permissible to finalize the admission. Provisional admissions not finalized by the said date, were also to stand automatically annulled vide Ordinance II, Clause 3, last proviso. Clause 3 of Ordinance II provides as under:-

“3. Admissions shall be finalized by the Principals of Colleges and Deans of Faculties concerned, as the case may be, not later than such last date as may be prescribed by the Academic Council from time to time.

Provided that the Vice Chancellor may, at his discretion, allow admission to any course after the prescribed date as aforesaid, for very exceptional reasons, such as late declaration of results or such other reasons considered satisfactory by the Vice Chancellor up to the dates thought reasonable by him in each case.

Provided further that no admission will be made by a College prior to the date to be fixed by the Academic Council each year.

Provided that all provisional admissions to the post graduate courses shall be finalized by the Standing Committees concerned not later than 31st August of the year in which admissions are sought. Provisional admissions not finalized by the aforesaid date shall automati