SIDDHARTH BANSAL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) PRESENT Letters Patent appeal has been filed challenging the judgment and order dated 10th September, 2013. The learned Single Judge after agreeing with the appellant's submission disposed of the writ petition with a direction to the respondent -University of Delhi that if any seat in the General category was available in MBA in Faculty of Management Studies, University of Delhi for the academic year 2013 -2015, the appellant - petitioner be considered for that seat on the basis of his rank as a General category candidate. However, as no seat was available, appellant was not granted admission.

(2.) THE relevant facts in the present appeal are that appellant applied to the Faculty of Management Studies, University of Delhi seeking admission in Master of Business Administration (Full Time) for academic session 2013 -2015 under Defence Quota as Ward of Defence Personnel disabled in peace time with disability attributable to military service. Considering the number of seats available in Defence Quota, appellant could not get admission in the said category. The grievance of the appellant in the writ petition was that he was not considered for admission against the seat in a General category though considering his overall rank, he would have got admission as a General category candidate.

(3.) MR . Pawanjit S. Bindra, learned counsel for appellant submits that learned Single Judge having reached the conclusion that University's decision was wrong, ought to have directed the respondent to create a seat for the appellant. Mr. Bindra further submits that appellant cannot be made to suffer for the fault of the respondent -University. In support of his submissions, he relies upon the judgments of the Supreme Court in Punjab Engineering College, Chandigarh, Through its Principal vs Sanjay Gulati and Others, (1983) 3 SCC 517 and Asha vs. Pt. B.D. Sharma Univesity of Health Sciences, (2012) 7 SCC 389.