SIMARAN KAUR Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The petitioner, aged about 21 years and a student of B.A. (Hons.) Economics of the respondent no.3 Hans Raj College, instituted this petition a few days before commencement of the examination held by the respondent no.1 University of Delhi (to which Hans Raj College is affiliated) for quashing the order dated 15th April, 2010 of the respondent no.2 Dean of Examination of the University of Delhi refusing permission to the petitioner to appear in the examination and for a direction to allow her to take the examination. This Court vide order dated 19th April, 2010 while issuing notice of the petition, as an interim measure allowed the petitioner to sit in the exams but with the condition that owing thereto no special equities will flow in favour of the petitioner and that the result of the petitioner will be kept in a sealed cover. The respondent University of Delhi has contested the petition. The counsels have been heard.

(2.) The respondent University of Delhi had refused permission to the petitioner to appear in the exam for the reason of the petitioner having not filled up the forms required to be so filled up for appearing in the examination and having not paid the prescribed fee. The last date prescribed as per the guidelines of the respondent University of Delhi for submitting the forms and payment of the fee was 15th October, 2009. The petitioner admittedly neither filled up/submitted the form nor paid the fee. The petitioner has not given any long drawn explanation for the same. She has simply stated that she has been residing in the hostel of the College, had gone to her native place during Dusshera vacation and has fairly admitted her negligence and oversight in not filling up the form and paying the fee and has in the writ petition itself sought apology from all concerned for the same. The petitioner learnt of her such default in the end of March, 2010, when the examinations were to commence on 20th April, 2010. The petitioner immediately approached her college and filled up the form and paid the fee; the same was forwarded by the College to the University and ultimately rejected by the University as aforesaid on 15th April, 2010 i.e. few days before the commencement of the examination.

(3.) The counsel for the University of Delhi has contended that the University is bound by its own procedures, Rules & Regulations governing its functions and it is incumbent to follow the same; that the University cannot adopt a special procedure for an individual. The University in its counter affidavit handed over in court has relied on its Regulation as under:-