AMAN SINGH SHIRNET Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE following directions were issued by this Court in WP (C) No.5074/2013 on 25.9.2013:

(2.) PURSUANT to the said directions, the respondent/University of Delhi held counseling for admission to the BMS Course of the University of Delhi on 10th October, 2013. The petitioner and four other candidates, namely, Anisha Vijya, Krishna Wadhwa, Sanchit Kukreja and Sneh Kakkar had obtained the same rank i.e. 917 in the entrance test for admission to the aforesaid course. One out of these five persons, namely, Sneh Kakkar, did not appear at the time of counseling. The remaining four persons were considered for the last 3 seats available in the said course. Since the petitioner before this Court was the youngest amongst the 4 candidates, he could not get admission as the Rules of the University provide that in case of a tie for rank in the merit list, the rank is to be decided on the basis of the Date of Birth and the candidate senior in age is to be given preference in admission. However, at least one more seat fell vacant on that day, since a candidate who was granted admission did not deposit the requisite fee.

(3.) THE learned counsel for the respondents submits that in terms of the directions of the Court, the counseling was held on 10th October, 2013 and out of the candidates who appeared for the counseling admissions were granted against the seats which were available on that day. He further submits that if any seat falls vacant, the University cannot keep on making admissions against such seats thereby making its admission an open ended process. He also submits that in any case, the counseling held on 10th October, 2013 was a special counseling held pursuant to the directions issued by the Court.