NIDHI GUPTA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner was admitted to the B.Sc. (General) course in respondent No.4 college affiliated to respondent No.1 University of Delhi in the year 1999. The petitioner took the first year examination in April 2000 but failed in the examination. The petitioner sought admission in B.A. (Pass) and was given admission in August 2000 to the second year B.A. (Pass course on the condition that she would be required to take the examination for both first and the second year in April 2001. The petitioner took examination in April 2001 and passed the examination for both the years. The petitioner was admitted to the third year of the course in September 2001 and after receipt of tuition fee the identity card was also renewal. The petitioner appeared for the third year examination in April 2003 after obtaining the admit card for the same. The result of the petitioner was, however, not declared and was withheld by the college without assigning any reason. The petitioner made a representation on 15.11.2002 to the Deputy Controller of Examination followed by certain reminders but to no avail. It is only on 13.01.2003 that the Principal of respondent No.4 wrote letter to father of the petitioner intimating that the petitioner's admission to the second year course had been declared null and void, thus the result for the final year could not be declared. The petitioner made representation against the same but without success and thereafter filed the present petition.

(2.) An affidavit has been filed only by respondent No.4 college stating that the petitioner was permitted to take examination in view of the Ordinance III 2-B which is as under:

(3.) It is thus stated that the facility of transfer to students who fails in Part-I examination is given only to the students of B.Sc. (Hons) course and not to B.Sc. (General) course. Since petitioner was student of B.Sc. (General) course, she was not eligible to be admitted to the second year and this mistake was detected only during the annual examination in question. The matter was even referred to Standing Committee (Students) of the Delhi University for resolution of the matter but to no avail.