DIVYA BHALLA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner before this Court, after her graduation from Dayal Singh College appeared in entrance examination of Delhi University for admission to its M.A. (English) course in Non-Collegiate Women's Education Board ­ Respondent no.2. The petitioner belongs to OBC category since she is a sumar and the said community was declared an OBC in Delhi vide Government of Delhi notification dated 20.1.1995. The learned counsel for the petitioner, however, submits that the said community was also recognized as OBC by the Government of India and this fact can be verified by the university.

(2.) COLUMN number 6 of the application form for admission to the M.A. (English) Course required the candidates to disclose whether they belonged to SC/ST categories. While responding to the said column, the petitioner simply put a (-) against the said column. Later, while scrutinizing the application form, the officials of the university added the word 'general' against the said column. This, the learned counsel for the University states under instructions of Dr. Aarti Saxena, Director of Non-Collegiate Women's Education Board, was done considering that in the registration slip-cum-admit card, the petitioner had ticked against the category 'General'. The petitioner, who is present in the Court, admits that in fact she had ticked against the general category, while submitting her form.

(3.) THE case set up in the counter affidavit is that the petitioner applied for admission as a general category candidate and since she was not eligible for admission as a general category candidate, her admission was rightly cancelled. As regards the admission as an OBC candidate, the case of the respondents is that having applied under general category, the petitioner cannot claim admission under OBC category even if she is an OBC and had the marks required for admission as an OBC candidate.