VANI Vs. UNIVERSITY OF DELHI AND ORS.

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking a writ, order or direction in the nature of mandamus directing the respondents to confirm her admission, allow her to attend the classes and permit her to sit in M.Sc. second semester examinations, to be held in May, 2013. As per the petition, the petitioner completed her B.Sc. programme from Hans Raj College, in the year 2012. After completing her B.Sc., the petitioner applied for M.Sc. (OR) in the Department of Mathematical Sciences, University of Delhi. The petitioner secured admission in the M.Sc. (OR) after being successful in the entrance exam, group discussion and interview. The petitioner was offered admission by Hindu College and at present the petitioner is in the second semester of M.Sc. (OR). The petitioner was granted provisional admission since her result of B.Sc. (Final) had not been declared. In August, 2012, the petitioner received her B.Sc. (Final) result, which was submitted by her to respondent no. 2. As per the result of B.Sc. (Final) the petitioner had two essential repeats. This fact was conveyed to the respondents in August, 2012. The petitioner appeared in the essential repeats in October, 2012, however, she continued with her studies in M.Sc. (OR). In the month of October, 2012, the petitioner appeared for her internal assessment exams of the first semester of M.Sc. (OR) and in the month of December, 2012, the petitioner appeared in the first semester exam of M.Sc. (OR) subject to the condition that her admission would be contingent on her successfully clearing her essential repeats in B.Sc. (Final). In January, 2013, the second semester of M.Sc. (OR) commenced, however, the petitioner was not allowed to attend the classes. The petitioner made enquiries from the respondents but no satisfactory response was received. The petitioner in the meanwhile kept waiting for her result in the essential repeats in B.Sc. (Final) and in the month of February, 2013, she deposited fee for the M.SC. second semester examination.

(2.) IT is the case of the petitioner that although the fee for M.SC. second semester examination was accepted by the respondents but she was not allowed to attend classes. The result of the essential repeats of B.Sc. (Final) was declared on 8.3.2013 as per which the petitioner cleared the essential repeats and the result was submitted with respondent no. 2. A copy of the result has been filed along with the writ petition. Since the provisional admission of the petitioner in M.Sc. (OR) has not been confirmed by the respondents this has led to the filing of the present writ petition.

(3.) LEARNED counsel for the respondents further submits that the petitioner was allowed to appear in the first semester examination of M.Sc. (OR) subject to an undertaking that the petitioner would herself be responsible in case the respondents disqualify the petitioner from the said examination. The admission of similarly two other students also stands cancelled. Counsel also submits that the petitioner was well aware of the fact that she did not meet the eligibility criteria for admission to the M.Sc. (OR) as she had two essential repeats and provisional admission was granted to her only to await the final year result of the B.Sc., which she had to qualify to seek admission in M.Sc. (OR). It is further contended that the petitioner was not permitted to attend classes since January, 2013, but she did not approach this Court at the first opportunity available. Since the petitioner was aware that at that point of time her result for essential repeat in B.Sc. (Final) had not been declared, she would be unable to justify as to how she would meet the eligibility criteria.