MATTER OF SAEMA KHANAM Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner is aggrieved by the failure on the part of respondent No.1 to 3/University of Delhi and respondent No.4/Faculty of Ayurvedic and Unani Medicines to grant her admission to a five year degree course of Bachelor of Unani Medicine and Surgery (BUMS).

(2.) IT is the case of the petitioner that she is a permanent resident of District Badaun, UP and had completed her XII Standard as a Science candidate having procured 83.33% marks in the board examination. The petitioner applied in the All India Quota for general category for counselling of BUMS course in respondent No.4/College. Clause 7 of the Bulletin of Information pertaining to Notification of Merit Lists/Counselling stipulated that the merit list would be displayed on the notice board of the Faculty Office and in the office of the Principal of respondent No.4/College on 27.10.2011 for appearing in the counselling for BAMS/BUMS courses and the candidates were also invited to visit the website of respondent No.4/College. They were further informed that BAMS/BUMS seats would be allotted to the candidates strictly in accordance with the merits in the counselling to be conducted by the Joint Admission Committee in the office of the Principal of respondent No.4/College on 28.10.2011 and 31.10.2011 at 9 AM onwards. As per sub-clause (i) of Clause 7 of the Bulletin, no communication was required to be sent to an individual candidate for appearing before the Joint Admission Courses Committee for counselling. The candidates were called upon to appear before the said Committee on the specified dates according to their merits as per the schedule given in the Bulletin of Information. They were told to report at the premises of respondent No.4/College on the stipulated date at 8:30 AM for counselling alongwith the relevant documents of identity. Sub-clause (ii) of Clause 7 stated that if any candidate was unable to appear on the dates mentioned in the Bulletin of Information and the time specified therein, such candidate could send a representative with the appropriate authorization on prescribed proforma. Sub-clause (iii) Clause 7 is relevant for consideration and is reproduced hereinbelow for ready reference :- (iii) If a candidate or his/her representative is absent on his/her turn at the time of Counselling and comes late on the same day before the end of the Counselling, he/she may be allowed to appear in the Counselling on his/her written request and on payment of `500/- in cash as a penalty for late coming. Such candidate/representative shall appear in the Counselling just after the batch for which Counselling was going at the time when he/she submitted his/her request and deposited the penalty for late coming. He/she may opt for a course/institution, which is available to him/her at that time only. He/she will have no claim on the seats already allotted.

(3.) COUNSEL for the petitioner stated that as per the merit list published by respondents No.1 to 3/University, the name of the petitioner was displayed as having attained third rank in the All India Quota for General category and, therefore, she is entitled to be admitted in the BUMS course, but the respondents failed to call her for counselling, in spite of her having explained the reasons for her coming late and having deposited a sum of `500/- as penalty as per the terms of clause 7(iii) of the Bulletin.