IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Mudit Sunda – Appellant
Versus
University of Delhi Faculty of Law) Through, Vice Chancellor – Respondent
W.P.(C) 680 of 2023
Decided On : 22-02-2023
Admission - University of Delhi - LL.B. and LL.M. Course - [Prince Jaiveer v. Union of India, S Krishan Shadha v. State of Andhra Pradesh, Sarthak Karla and University of Delhi, Adi Sajiv Ansari v. University of Delhi and Anr., W.P.(C) 1083/2023] - The court discussed the admission process and the time allocated for completing formalities, emphasizing the need to follow the terms and conditions mentioned in the institution's booklet. The court found that the petitioner's failure to apply by the specified time was not arbitrary and upheld the respondent-University's decision.
Fact of the Case:
The petitioner sought admission in the faculty of law, University of Delhi for the academic session 2022-25. He raised grievances regarding the time allocation for completing admission formalities and sought relief from the court.
Finding of the Court:
The court found that the petitioner's failure to apply by the specified time was not arbitrary and upheld the respondent-University's decision to deny admission.
Issues: The issues revolved around the time allocation for completing admission formalities and the petitioner's failure to apply by the specified time.
Ratio Decidendi: The court emphasized the need to follow the terms and conditions mentioned in the institution's booklet and upheld the respondent-University's decision.
Final Decision: The court dismissed the petition, finding no substance in the petitioner's claims.
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)
1. The petitioner had filed this petition seeking directions to the respondent to grant his admission in the faculty of law, University of Delhi in academic session 2022-25 as per the fourth admission list released by the respondent-University. As per averments made by the petitioner, it is seen that the respondent-University declared the fourth merit list on 09.01.2023 where the name of the petitioner finds place.
2. As per the intimation served to the petitioner (P-1). The petitioner was called upon to apply for admission from 09.01.2023 up to 2:00 pm on 10.01.2023. After uploading the requisite information/documents, the faculty of law was to verify and approve the admission of a candidate who had applied under the fourth merit list latest by 5:30 pm on 10.01.2023. It is, thereafter that the candidates were to make the payment against their merit position till 11:59 pm on 10.01.2022.
3. Learned counsel appearing on behalf of the petitioner raises a grievance with respect to the manner in which the time was allocated by the respondent-University against each merit list. He, firstly, stated that since he could not check his email on 09.01.2023 and up to 2:00 pm on 10.01.2023, therefore, he could not complete the formalities up to 02:00 pm on 10.01.2023. Secondly, he states that even on 10.01.2023 after the admission time had expired he physically went to the respondent-University and requested for acceptance of his physical documentation but the same was denied and on the next date also he personally visited the respondent- University and persuaded the respondent- University to accept his formalities. The petitioner states that on 12.01.2023 he wrote an email to the concerned authority for sympathetic consideration. In addition to the submission with respect to completing the formalities with respect to his admission process, the learned counsel also pointed out that against each merit list different time schedule is prescribed by the respondent-University.
4. According to him, against some merit list the time was provided for two days whereas, in last merit list, the time was provided only up to 45 minutes or 60 minutes to upload the documents. He, therefore, states that such an arbitrary process for admission should not be countenanced by this court and under the facts and circumstances of the present case when the name of the petitioner finds place in the merit list he should have been be granted time by the respondent-University. He, therefore, states that merely for the reason that the petitioner could not check his email before 2:00 pm on 10.01.2023 his merit position should not be ignored.
5. Learned counsel appearing on behalf of the petitioner places reliance on the decisions of the Hon'ble Supreme Court in the case of Prince Jaiveer v. Union of India in the Civil appeal No. 6983/2021 dated 22.11.2021 and S Krishan Shadha v. State of Andhra Pradesh, (2020) 17 SCC 465 and the decision of this court in the case of Sarthak Karla and University of Delhi, (2022) SCC OnLine Delhi 828, Adi Sajiv Ansari v. University of Delhi and Anr., (2021) SCC OnLine Delhi 2562, and the interim order passed by this court in W.P.(C) 1083/2023.
6. Learned counsel appearing on behalf of the respondent-University opposes the submission and he states that the petitioner is not entitled to any relief. According to the respondent-University, as per information bulletin for admission to the post-graduate programme (2022-2023), the candidates are responsible for regularly checking the website at the admission portals of NTA and the University of Delhi for updates and admission-related policies. According to him, grievances resulting from not having consulted the bulletin and the website/s are not to be entertained. He has taken this court through various clauses of the information bulletin and admission guidelines. According to him, as per clause 13 of the "Instructions/Guidelines for Admission
Adherence to the terms and conditions mentioned in the institution's booklet is crucial in admission processes, and failure to comply may result in denial of relief.
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Denial of admission on technical grounds, such as non-payment of fees due to circumstances beyond the student's control, may result in great injustice and is deemed improper.
Adherence to the admission timeline, finality of admissions, and the eligibility of candidates for admission against vacant seats based on the Admission Policy and Procedure 2021-2022.
The court affirmed that timely application for admission and compliance with attendance regulations are critical, and failure to meet these does not violate constitutional rights.
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