KANISHKA AGGARWAL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Rule D. B. T. Shaffer in his On being a Christian and a Lawyer (1981) paints a devastating picture of the instruction, regulation, and practice of law in the law schools. Had he known that even in the matter of admission to law schools, the picture is not less dismal, we feel sure, almost, that he would have constructed a mental cloister and retreated into it, but not before proclaiming, in utter despair. Gold has rusted. This writ petition presents that sad spectacle. However, first 3 brief resume of the back-drop, the same being essential for the ascertainment of both truth and justice.

(2.) University of Delhi (hereinafter called The University) has number of colleges affiliated to it. It has also various Faculties like Faculties of Arts, Science, Social Sciences, Education, Mathematical Sciences, Management Studies and Law. The Faculty of Law has three centres, namely, (1) Campus Law Centre, (ii) Law-Centre-l and (iii) Law Centre II. These Centres offer LL.B. (six terms) course. As in the Past, for the academic year 1990-91 also Law Centre-1 invited applications for admission of the LL.B. 1st Year Course. The last date for submission of applications was July 17, 1990. It also issued "Bulletin of Information and Instructions to applicants for LL.B Course 1990-91" (hereinafter called the Bulletin) which gave "an idea of the course of studies, summary of the Ordinances, proper rules and regulations regapding payment of fees, attendance, examination and other matters?, pertaining to the students of this course". As per this Bulletin, and confining ourselves to only what is relevant for our purposes, there were two types of application forms. Abstract and Main. Only Abstract application form accompanied by the requisite certificates showing eligibility was to be filled in at the time of mailing an application for admission. It was to be addressed to the Professor-in-charge of the Centre. The main application form was required to be filled in "only by those applicants" whose names 'were declared selected for provisional admission in the Provisional Admission List. Under the beading "Admission Procedure for effecting admission by payment of fees" (Cl. VII p. 16) it was mentioned in the Bulletin that lists of applicants selected for provisional admission would be notified on the Notice Board of the Centre, that the last such Jut shall be notified as the 'Last List' and, if necessary, a waiting Kst of eligible applicants would be notified "alongwith" the last list. It was further notified, and we quote :

(3.) Two more Clauses, namely Clauses VIII and IX may also be noticed at this stage. The other important Clause is Clause III which deals with the Order of preference. We shall be referring to it at a later stage. Coming to Clause VIII it is under the head "Discipline" while Clause IX is under the head "Payment of Fee etc.". As per Clause VIII no student will absent himself/herself from any of the lectures without leave having been obtained previously, from the Professor-in-charge of the Centre and that too for sufficient, cause, and that "if he/she is irregular in attendance or fails to show progress, or is not diligent in his/her studies, his/her name is liable to be struck off the rolls of the Centre. . . ." (emphasis supplied). Clause IX lays down that fees and other due? must be paid by the applicant "selected for admission" by the dates specified in each. list and that on failure to do so the selection for admission will stand automatically cancelled and the vacancies so caused may be filled from the applicants next in order and further that every applicant selected provisionally for admission should furnish two copies of his/her latest photograph before he/ she is allowed to effect his/her "admission by payment of fees".