REKHA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner belonging to OBC category applied for admission to M.A. English course through the channel of admission test in the respondent University of Delhi. The said course is offered at North & South Campus of the University and also at Non-Collegiate Women's Education Board (NCWEB) which is impleaded as respondent no.4. The petitioner, in the admission test secured 41 marks and a rank of 46 in OBC category. The respondent University admitted only those OBC candidates whose marks were within the 10% bandwidth of the marks of the last candidate admitted in the General category. The marks of the petitioner being not in the said bandwith, admission was denied to the petitioner.

(2.) This petition has been filed relying on the judgment dated 7th September, 2010 in W.P.(C) No.4857/2010 titled Apurva Vs. UOI in which this Bench struck down the criteria aforesaid of 10% bandwith. The petition came up before this Court first on 20th October, 2010 when the counsel for the respondent University sought time to take instructions as to whether NCWEB is a part of the respondent University or not and also on as to when the classes for the academic year had commenced.

(3.) The counsel for the respondent University today informs that NCWEB is a part of the University of Delhi. On enquiry he states that though if the judgment in Apurva were followed, the petitioner may have qualified for admission in OBC category in North/South Campus but he has not taken instructions on the said aspect since the counsel for the petitioner on the last date of hearing had confined the relief for admission for the course in NCWEB. He further states that for admission at NCWEB, the petitioner besides registering at the North Campus was also required to register with the NCWEB and which the petitioner did not do. Attention is invited to Annexure P-8 to the petition wherein the petitioner in a communication to the respondent University admitted that she was not aware of the provision for applying separately to NCWEB but had nevertheless sought admission for pursuing the course of M.A. English at NCWEB. Attention is also invited to Clause 7 at page 6 of the Bulletin of Information for Admission to Post Graduate Courses in the Academic Year 2010-2011 published by the University of Delhi providing for such separate registration with NCWEB.