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2022 Supreme(Del) 1587

IN THE HIGH COURT OF DELHI AT NEW DELHI
Rekha Palli, J.
Ashutosh Singh - Appellant
Versus
University Of Delhi - Respondent
W.P.(C) 1843 of 2022 and CM Appl. 5298 of 2022 (Interim Relief)
Decided On : 21-04-2022

Advocates appeared:
Ms.Raavi Kumar Jotwani, Mr. Nishant Kumar & Mr. Nitin Yadav, Advocates, for the Appellant; Mr. Mohinder JS Rupal & Ms. V.Bhawani, Advocates, for the Respondent.

Headnote:

Article 226 - Admission Rejection - Constitution of India - 8.2 of the Bulletin permits students to apply on the basis of their earlier OBC certificate subject to producing a certificate for the financial year 2021-22 at the time of admission. The respondent's refusal to grant admission without complete documents may not be per se arbitrary, but the action was held to be arbitrary and unsustainable due to the short time given to upload documents and the two unfilled OBC seats. The petitioner was entitled to be granted admission against the vacant seats for 2021-22 as he was in the merit position for the said seat.

Fact of the Case:

The petitioner, a student from the Non Creamy Layer of the Other Backward Castes, filed a writ petition under Article 226 of the Constitution of India against the respondent/University's rejection of his candidature in the 'Spot Admission' round for the 2-year/3-year LL.M programme for the academic session 2021-22. The rejection was due to the caste certificate submitted by him not being of the current financial year without giving him time to submit the requisite certificate.

Finding of the Court:

The court found the respondent's refusal to grant admission without complete documents to be arbitrary and unsustainable due to the short time given to upload documents and the two unfilled OBC seats. The petitioner was entitled to be granted admission against the vacant seats for 2021-22 as he was in the merit position for the said seat.

Issues: The issues were whether the respondent was justified in not approving the petitioner's admission due to his failure to upload the renewed OBC-NCL certificate within a short timeframe, and whether the petitioner should be granted admission against the available unfilled seats for the OBC category in the academic session 2021-22 in the 3-year LLM programme.

Ratio Decidendi: The respondent's refusal to grant admission without complete documents may not be per se arbitrary, but the action was held to be arbitrary and unsustainable due to the short time given to upload documents and the two unfilled OBC seats. The petitioner was entitled to be granted admission against the vacant seats for 2021-22 as he was in the merit position for the said seat.

Final Decision: The writ petition was allowed, and the respondent was directed to grant admission to the petitioner in the 3-year LLM programme for the academic year 2021-22. The petitioner was permitted to appear in the 1st semester exams along with the exams for subsequent semesters as per the practice being followed by the University.

JUDGMENT

1. The present writ petition under Article 226 of the Constitution of India has been preferred by a student belonging to the Non Creamy Layer of the Other Backward Castes being aggrieved by the respondent/University's action in rejecting his candidature in the 'Spot Admission' round held on 31.12.2021 for the 2-year/3-year LL.M programme for the academic session 2021-22 on account of the caste certificate, submitted by him alongwith his application not being of the current financial year without giving him anytime to submit the requisite certificate.

Brief Factual Matrix

2. The petitioner, after acquiring his LLB degree from the respondent University, applied for admission to the 2-year/3-year LLM programme in the respondent University under the OBC category. As per the Admission Bulletin (hereinafter referred to as 'the bulletin'), issued by the respondent for Post Graduate programmes, 2021-2022; the students were, for applying under the OBC category, required to furnish an OBC Non-Creamy Layer Certificate (hereinafter referred to as the 'OBC-NCL certificate') for the financial year 2021-22 as issued after 31.03.2021. The bulletin however, contained a provision enabling students in the OBC category, who were not in possession of an OBC-NCL certificate for the financial year 2021-22 as issued after 31.03.2021, to apply for admission by uploading either the earlier OBC-NCL certificate or the acknowledgement slip of having applied for issuance of an OBC-NCL certificate for 2021-22, subject to their producing the requisite OBC-NCL certificate for 2021-22 at the time of admission.

3. Since the petitioner was already possessing an OBC-NCL certificate dated 15.07.2018 issued by the Government of Uttar Pradesh, he, while submitting his application for LLM uploaded a copy of this certificate dated 15.07.2018. Based on his registration as an OBC candidate, the petitioner on 28.09.2021, appeared in the Delhi University Entrance Test, 2021 (hereinafter referred to as the 'DUET 2021') for admission to the LLM programme in which entrance test, he scored 180 marks out of a total of 400.

4. On 22.11.2021, the schedule for admission to the LLM programme in the Faculty of Law, Delhi University was published, wherein it was provided that two allotment lists would be issued; the first on 23.11.2021 and the second on 30.11.2021. It was also stipulated that in case if required, a third allotment list would be issued on 07.12.2021. The dates for issuance of the second and third allotment list was thereafter changed to 10.12.2021 and 27.12.2021, respectively. The petitioner's name however did not appear in any of the three allotment lists.

5. On 30.12.2021, the respondent issued a notice informing the students that a fourth allotment list for 'spot admissions' to be carried out on the same date, would be published on 31.12.2021. To his good luck, the petitioner found his name in the fourth list which came to be issued on 31.12.2021. Vide a communication issued at 8.59 am on 31.12.2021, all the shortlisted candidates including the petitioner, were informed that they had to upload all the requisite documents between 9 am and 1 pm on the same day and a payment link for the payment of fees after the verification of documents would be generated by 10 pm on the same day.

6. Immediately after receiving the aforesaid mail, the petitioner uploaded all his documents including his OBC-NCL certificate dated 15.07.2018. While he was waiting to receive the payment link, he received an e-mail from the respondent at 10:27 pm, informing him that his admission was not approved as the OBC-NCL certificate submitted by him did not pertain to the financial year 2021-2022. On receiving the said communication, the petitioner, through his e-mail sent at 11.59 pm requested the respondent for time to submit the requisite OBC-NCL certificate for the financial year 2021-2022. Alongwith his request letter, the petitioner also enclosed a copy of the acknowledgment slip of his

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