W.P.(C) 12043/2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Reserved on: 07.02.2020

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Judgment Pronounced on: 26.02.2020

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W.P.(C) 12043/2018 & CM APPL.46647/2018

SANA ULLAH SIDDQUI

..... Petitioner

Through

Mr.Chaudhary Ali Zia Kabir and

Mr.Haider Ali, Advocates

versus

GURU GOBIND SINGH INDRAPRASTHA

UNIVERSITY AND ANR.

.... Respondents

Through

Mr.Mukul Talwar, Sr. Adv. with

Mr.Jasbir Bidhuri and Ms.Pallavi,

Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.

1.

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 (9^th) semester

examination in December, 2017. He cleared all subjects except one. In the

meantime, the petitioner applied for and appeared in the Common Entrance

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W.P.(C) 12043/2018

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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

10^th 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

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W.P.(C) 12043/2018

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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