KIRAN BABBAR Vs. AUROBINDO COLLEGE

JUDGEMENT

(1.) THE petitioners before this Court applied for admission to the undergraduate courses in the University of Delhi, in the academic year 2012 -2013. In terms of the procedure adopted by the University, the candidates were required to fill up an OMR form, which was to be deposited at the designated centres of the University. The candidates submitting the OMR form were required to bring one photocopy of the said form. The person receiving the form would put a sticker number on the original OMR form as well as on its photocopy. He would sign the photocopy bearing the said number and hand it over to the candidate. Thereafter, the candidate was required to submit the said photocopy with stickers stamp, as acknowledged by the receiving centre, to the concerned college, at the time of seeking admission.

(2.) IN W.P. (C) No. 7193 of 2012, there are 9 petitioners. They submitted their respective OMR forms to the University of Delhi and thereafter took admission in Sri Aurobindo College (Evening) in the academic year 2012 -2013. The college required them to submit the photocopy of their OMR form duly acknowledged by the University at the time of receiving the said form. They, however, failed to submit the said original photocopy bearing the acknowledgement from the University. The admissions, given to the petitioner were, therefore, cancelled by the college. Being aggrieved, they are before this Court seeking quashing of the communications, whereby their admissions have been cancelled and a direction to the college to permit them to attend the classes.

(3.) SINCE the above -referred six petitioners did not apply for admission to Sri Aurobindo College, they are not entitled to continue their studies in the said college. In the photocopy of the OMR forms submitted to the college, the above -referred six petitioners were shown to have applied for admission inter alia to Sri Aurobindo College (Evening). It thus appears that the above -referred six petitioners submitted a false photocopy of the OMR form to the college, for the purpose of taking admission, though they had not opted for the said college at the time they submitted the OMR form to the University. The above -referred six petitioners, therefore, obtained admission by fraudulent and unfair means, after tampering with the photocopies of the OMR form which the University would have given to them while receiving the original form from them. The aforesaid petitioners cannot be allowed to take advantage of the unlawful act committed by them for taking admission to the college. Therefore, no valid ground for quashing the order cancelling the admission of the above -referred six petitioners, namely, Shri Bahual Kumar, Heena, Kadim Alam, Payal Paul, Puja Sarkar and Chandan Kumar, is made out.