SAAD Vs. JAMIA MILLIA ISLAMIA AND ORS.

JUDGEMENT

(1.) THE petitioner, an applicant for admission to the Master of International Business (MIB) course in the respondents No. 1 to 4 Jamia Millia Islamia (University) in the academic year 2014 -2015, in the Muslim "Other Backward Classes" (OBC) category, filed this petition on 5th November, 2014 impugning the non -grant of admission to him and grant of admission to one Mr. Ali Sher who had obtained 79.75 marks as against 80 marks scored by the petitioner, and seeking mandamus to the respondents No. 1 to 4 University to admit the petitioner and allow him to attend the classes.

(2.) HOWEVER , the said Mr. Ali Sher was not impleaded as a party to the petition. The petition came up first before the Court on 27th November, 2014 when the said Mr. Ali Sher was impleaded as respondent No. 5 and notice of the petition was issued. However, no interim relief as sought by the petitioner, granted. Since then, counter affidavit has been filed by the respondents No. 1 to 4 University and to which a rejoinder has been filed by the petitioner. Notice issued to the respondent No. 5 Mr. Ali Sher has by ordinary process returned with the report that he is not available at either of the two addresses given and the notice has been affixed at one of the address and the report on the notice sent dasti is that he has refused to accept notice and the report on the notice sent by speed post is of the same having been delivered. The respondent No. 5 Mr. Ali Sher is deemed to have been served. None appears on his behalf. He is proceeded against ex -parte. The counsel for the petitioner and the counsel for the respondents No. 1 to 4 University have been heard.

(3.) THE counsel for the petitioner states that the petitioner having approached the Court in November, 2014 itself and the petition having remained pending in this Court, the petitioner, if found entitled to the relief, must be granted the relief of admission to the same course in the current academic year 2015 -2016 and cannot be left remediless.