LAWS(DLH)-2011-5-125

UNIVERSITY OF DELHI Vs. VARUN KAPUR

Decided On May 04, 2011
UNIVERSITY OF DELHI Appellant
V/S
VARUN KAPUR Respondents

JUDGEMENT

(1.) Vide impugned judgment and order dated 10.3.2001 writ petitions filed by the Respondents have been allowed and a declaration has been granted that the Respondents are entitled to a confirmation of their provisional admission and thereby permit them to take the ensuing semester end term examination as per rules.

(2.) Issue pertains to the admission to the Bachelor of Law (LLB) course in the University of Delhi for the academic year 2010-11, eligibility whereof as per bulletin information issued by the Appellant mandated that the candidate must have either a Graduate or a Post-Graduate degree of any recognized University or equivalent degree with at least 50% marks. Admission was as per merit obtained at an Entrance Test. Since by the date the results of the entrance exam were declared and admissions effected it was known to the University that quite a few final year results pertaining to Graduate or Post-Graduate courses are not declared, those who successfully cleared the entrance examination were given provisional admission subject to they securing the requisite 50% marks at the Graudate/Post-Graduate level.

(3.) Whereas Respondent Sanwal Ram was pursuing a BBA course with a University at Rajasthan and was to secure a degree in the year 2010, Respondent Varun Kapoor was pursuing a Graduate degree course from a College affiliated to the University of Delhi. Both cleared the Entrance Test and since the final result pertaining to the Graduate course which the two were undertaking had not been declared the University gave provisional admission and unfortunately for the two when their results were declared, having failed in one subject each, both of them were placed in compartment and were permitted to take a supplementary examination pertaining to the paper in question, which they took and successfully cleared, but by that time a date of significance had lapsed. The date was 31st August 2010 by which they had to submit the requisite documents pertaining to their eligibility and which meant that the two had to produce a final or a provisional degree issued by their respective University along with the mark-sheet evidencing that the two had acquired Graduate degree with at least 50% marks.