SALEEM KHAN Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner had appeared in the entrance test held by the respondent University on 16th January, 2010 for admission to post graduate degree course in the subject of Moalejat of Unani Medicine in The Ayurvedic & Unani Tibbia College affiliated to the respondent University. In the result of the said entrance test declared on 19th January, 2010, the petitioner obtained the maximum marks and was shown with the first rank. It is the case of the petitioner that notwithstanding the declaration of the result, no counselling as per schedule was held and on the contrary on 16th/17th February, 2010, it was announced that the examination held on 16th January, 2010 stood cancelled and will be again held on 6th March, 2010; the candidates were informed that the admission tickets and the roll numbers earlier issued shall remain valid for the re-examination also.

(2.) CONTENDING that the communication dated 16th/17th February, 2010 was non speaking and the respondents could not have cancelled the examination, in the result whereof the petitioner had stood first, the present petition was filed.

(3.) ON 4th March, 2010, the original record of the respondent University relating to the examination was produced before this Court and perused. This Court recorded that a complaint had been made by one of the faculty members with respect to the manner in which the entrance examination was conducted on 16th January, 2010; that an Enquiry Committee consisting of i) Dean, Faculty of Medical Sciences, University of Delhi ii) The Registrar, University of Delhi and iii) Dr. S. Mehtab Ali, Head of the Department of Tashreeh Wa Munafeul - Aza Jamia Hamdard was constituted to investigate into the matter and the alleged leakage of question paper; that the Committee also examined the previous record of the petitioner herein as well as the petitioner No.2 at the time of filing of the petition and who has since withdrawn from the case (and who had secured second rank in the entrance test held on 16th January, 2010), as well as of another student; that after detailed examination, the Committee was of the unanimous view that the allegations made in the complaint could not be ruled out and the entrance test should be re-held with outside paper setters and moderators and the fresh entrance test was accordingly ordered. The counsel for the petitioner contended before this Court on 4th March, 2010 that the complaint had been managed by those who had failed in the entrance test. However, this Court not finding any infirmity and illegality in the decision making process, dismissed the application of the petitioner for interim relief for restraining the re-examination scheduled on 6th March, 2010. The said order has attained finality.