The court held that a university cannot prematurely cancel a student’s provisional admission based on incomplete examination results without clear guidelines specifying eligibility requirements.

JUDGMENT

Jayant Nath, J. This writ petition is filed by the petitioner to quash the impugned order dated 09.10.2018 cancelling the admission of the petitioner and for a direction to respondent No.1/Guru Gobind Singh Indraprastha University (hereinafter referred to as the `University') to allow the petitioner to continue in his course of LLM (R) 2018-19. Other connected reliefs are also sought.

2. The case of the petitioner is that he took admission at the Respondent University in the 5 year integrated Bachelor of Laws BA LLB(Hons.) in the year 2013. The petitioner appeared in the penultimate (9th) semester examination in December, 2017. He cleared all subjects except one. In the meantime, the petitioner applied for and appeared in the Common Entrance Test conducted by the University for admission in Master of Laws 2018-2019 programme. The petitioner scored a rank of 221 and became eligible for admission in the LLM programme.

3. The petitioner was allowed to attend the counseling scheduled by the University for admission to the LLM course. The petitioner informed the University and the University was also aware of the fact that his result of the 10th semester was yet to be declared and supplementary examination for the subject `drafting, pleading and conveyance' was yet to be held. However, the University granted provisional admission to the petitioner on 14.08.2018.

4. It is pleaded that under clause 3.7(1) Part A of the Admission Brochure for the Academic Session 2018-19, the petitioner was to fulfill the eligibility criteria laid down in the Admission Brochure latest by 15.10.2018 and to submit an undertaking to this effect.

The petitioner appeared in the supplementary examination of the LLB which was conducted by the University in September, 2018. It is also pleaded that without waiting for the result of the aforesaid supplementary examination, the University issued the impugned order dated 09.10.2018 cancelling the admission of the petitioner. It is further pleaded that the result of the aforesaid supplementary examination was declared on 16.10.2018 i.e. one day after the cut off date of 15.10.2018. The petitioner cleared the examination with distinction and the result was promptly supplied to the University on 17.10.2018. The petitioner tried to persuade the University to provide admission but all in vain.

5. I may note that in the connected writ petition being W.P.(C) 12021/2018, the respondents have filed a counter affidavit. The learned senior counsel for the respondents states that the same may be read as counter affidavit for the present writ petition also.

6. As per the said counter affidavit, the petitioner was granted provisional admission to pursue LLM. The petitioner at that time was required to furnish an undertaking which specially provides that all examinations of the qualifying degree shall be over on or before 31.07.2018. An undertaking was also to be given that examination of the qualifying programme of study on the basis of which admission is sought shall be over before commencement of classes in the University for the programme of study in which admission is sought, otherwise the admission shall be cancelled and the full fees deposited shall be forfeited. The Petitioner had filed the necessary undertaking.

7. It is pleaded that in the instant case, the qualifying degree of the petitioner to take admission in LLM programme was BA. LLB. It is a matter of record that the supplementary examinations of qualifying examinations i.e. BA.LLB programme of the petitioner was held in September, 2018 much after the cut off date i.e. 31.07.20