JATIN BEHL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Petitioner seeks a writ of mandamus, to respondent No.3 i.e. Moti Lal College (Evening) a college in the south Campus, to permit migration of the petitioner to respondent No.4 college i.e. Moti Lal Nehru College (Morning). Petitioner was admitted to respondent No.3 evening college, in B.Com (Pass), First Year, in the academic year 2000-2001. It may be noted that the minimum percentage of marks then required for admission to morning college, 1st Year B.Com.(Pass), was over 80%. Petitioner had obtained only 69.75% marks in 12th Class Board Examination. The petitioner not being eligible for admission to morning College, secured admission in the Evening College. Petitioner has passed the first year examination, securing 57.25 marks.

(2.) Petitioner on 13.8.2001, addressed a letter to the Principal of respondent No.4, i.e. the morning college stating that he had secured 229 marks out of 400 marks in the first year and sought migration from evening college to morning college. Petitioner reiterated his request on 8.10.2001. In the said letter, he referred to an earlier letter of 18.9.2001. The reason given by the petitioner in the letter dated 8.10.2001, was that he was preparing for entrance examination for Chartered Accountancy, for which coaching classes were available from 5.00 to 7.00 p.m. in the evening only, near his residence. It was in these circumstances that petitioner sought migration from evening college to morning college so that he could pursue the B.Com(Pass) Course and simultaneously attend coaching classes and prepare for Chartered Accountancy Entrance Examination. Petitioner also claimed that he was to join a computer course, which was also available in the evening.

(3.) The Principal of Moti Lal Nehru College (Morning) on 13.8.2001, gave an endorsement of "No-Objection" of the said college to the admission of the petitioner, for migration, from evening to morning college.