SHRI RAM COLLEGE OF COMMERCE Vs. SAHIL

JUDGEMENT

(1.) The appellant/Shri Ram College of Commerce (in short, 'SRCC') is aggrieved by the judgment dated 14.11.2019, passed by the learned Single Judge in a writ petition filed by the respondents No.1-3/students praying inter alia for issuing a writ of certiorari, to quash a press release dated 26.7.2019, issued by the respondent No.4/University of Delhi (in short, 'University') and notice dated 31.7.2019, issued by SRCC and for directions to the college and the respondent No.4/University to consider their case for admission into the B.Com (Hons.) course for the Academic Year 2019-20.

(2.) The learned Single Judge has examined the press release dated 26.7.2019, issued by the respondent No.4/University whereunder, a special drive for Undergraduate admissions was announced for the Academic Year 2019-20 for two days (between 29.07.2019 to 30.7.2019), subject to the conditions stipulated therein and colleges governed by the University were called upon to issue a Notification of the 6th cut-off marks. Finding fault with the press release on at least four counts, the learned Single Judge has declared the fourth bullet point of the said press release as bad in law. Thereafter, keeping in mind the fact that Undergraduate admissions had already taken place on the basis of the impugned press release, the relief in the writ petition was moulded and the appellant/SRCC was directed to consider admitting the respondents No.1-3/students if there were any vacant seats in any other category. If no seats were available in any of the categories, then it was directed that if the respondents No.1-3 do make a request to the appellant/SRCC for migration to the B.Com (Hons.) course on completion of the first Academic Year, the same shall be considered if seats are available at that time, in terms of the extant rules and regulations.

(3.) We may first advert to the relevant facts of the case. Respondents No.1-3/students belong to the Other Backward Classes/Non-Creamy Layer category (in short, 'OBC/NCL'). They had secured 95% marks in the best four subjects in the Class XII examinations. Respondents No.1 and 2 got admission in Hindu College and the respondent No.3 in LSR. Though respondents No.1-3 had applied to the appellant/SRCC for admission, they could not figure in the first five admission lists as the marks secured by them were below the cut-off percentage.