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2022 Supreme(Online)(DEL) 4837

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 19.10.2022 % Judgment delivered on: 28.10.2022 + LPA 212/2021 and C.M. Nos. 23016/2021 & 23017/2021 UNIVERSITY OF DELHI AND ANR ..... Appellant Through: Mr. Ankur Chhibber, Advocate.

versus ADIL SAJEER ANSARI ..... Respondent Through: Mr. Tushar Giri, Mr. Sahil Bhalaik and Mr. Mr. Sohan Patil, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present Letters Patent Appeal has been filed under Clause X of the Letters Patent Appeal being aggrieved by the judgment dated 23.04.2021 passed by the learned Single Judge in W.P.(C) No. 5392/2020, tilted Adil Sajeer Ansari v. University of Delhi & Anr.

2. The facts of the case reveal that the Respondent Adil Sajeer Ansari submitted an application for grant of admission to MBA (International Business) Programme, Department of Commerce, Faculty of Commerce and Business for the academic year 2020-21. He submitted an application as a candidate belonging to OBC Category and he was offered admission by issuing a notice duly displayed on the website of the Department pm 02.08.2020. The notice which was displayed on the website dated 02.08.2020 provided certain formalities to be completed by the candidates who were granted provisional admission and they were required to submit a scanned coy of their documents on an email address provided on the website i.e. mbaadmissions@commerce.du.ac.in. The documents were to be uploaded from 02.08.2020 to 04.08.2020 between 10:00AM to 04:00 PM.

3. The Appellant University in addition to the notice displayed on the website also sent an email on 02.08.2020 to all the candidates who were granted provisional admission and they were informed that they are required to upload the documents and the documents submitted after the prescribed deadline will not be entertained by the University. The relevant portion of the email dated 02.08.2020 is reproduced as under:

“You are required to send your documents during the period from:2nd August, 2020 to 4th August, 2020 between 10:00 AM to 4:00 PM (Documents sent after the stipulated time shall not be considered without any further communication.)”

4. The Respondent student on 03.08.2020 sent an email to the Appellant University raising a query regarding his graduation which was replied with quite promptitude by the University and it is noteworthy to mention that the email sent by the Respondent Student was sent on the correct email address of the university i.e. mbaadmissions@commerce.du.ac.in.

5. On 04.08.2020 at about 07:59 PM, the Respondent University sent an email to the University stating that he had sent all his documents to the Appellant University vide an email, however, no payment link has been received.

6. The Respondent University in response to the aforesaid email dated 04.08.2020 received at 07:59 PM, informed the Respondent with quite promptitude that the University has not received any document from the Respondent student, however, only received a query at 07:59 PM and the same was duly replied by the University. The relevant extract of the email sent by the University on 04.08.2020 at 08:43 PM reads as under:

“We have received only a query from your side which was duly replied but have NOT received the documents required for admission therefore you have not got any mail Also, you are requested to send us proof that you have send the required documents on this email ID for us to take up the matter.

Warm Regards MBA Admissions Team Department of Commerce Faculty of Commerce and Business University of Delhi Delhi”

7. The Respondent Student has, in fact, not sent the documents on the email address of the Appellant University and has committed a mistake by sending the documents to some other email address and finally the documents were sent to the email address of the University on 04.08.2020 at

09:15 PM and 09:19 PM.

8. The Respondent Student again sent an email on 05.08.2020 at 12:21 PM again informing the University that he has mistakenly sent the documents to a wrong email address and apologised for the same. The Appellant University again replied to the email sent by the Respondent Student on 05.08.2020 at 02:19 PM stating that the documents of the Respondent Student cannot be considered now since they were submitted beyond the prescribed deadline and his case has been forwarded to the Sub- Committee of t

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