MANISH CHANDRA PATHAK Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner, a student of LL.B. IInd year in Campus Law Centre, University of Delhi, feels aggrieved by the non-allotment of a room(seat) to him in P.G. Men's Hostel, University of Delhi. According to him the respondent No.3, the Provost of the said hostel, has acted illegally and in an arbitrary, malafide and discriminatory manner in refusing a seat to him in as much as he has been objecting to allotment of seats to certain ineligible students. It is also pleaded by way of filing an additional affidavit that one room belonging to the quota of Faculty of Law has been illegally and unauthorizedly transferred to the Department of Philosophy under the foreign quota although there are more rooms available under the foreign quota of other Faculties. It is submitted that this was done only with a view to deprive the petitioner of a seat in the Hostel in questilon.

(2.) The respondents in their counter affidavit, as well as additional affidavit have denied that the responden4 No.3 has acted illegally, arbitrarily or maiafide with a view to deprive the petitioner of a room in the Hostel. It is argued that no student including the petitioner has any vested right to claim a seat in the Hostel. It is asserted that the seats have been allotted according to the Rules contained in the "Handbook of Information and Rules of P.G. Men's Hostel". It is submitted that a seat belonging to the Foreign Quota of the Law Faculty was transferred to the Foreign Quota of Arts Faculty as there was no Law student in Foreign Quota. Reference is made to Clause 2 of the Handbook of Information and Rules as well as the Minutes of the 38th meeting of the Managing Committee of the Hostel held on 11.1.2002 in which the existing Rules regarding distribution of the seats were changed and the Admission Committee was empowered to allocate a seat to a sister department or Faculty if no application is received or inadequate number of applications is received under the quota of any subject/Faculty.

(3.) I have heard learned counsel for the petitioner and learned counsel for the respondent. I have gone through the records.