MOHD SAAD Vs. JAMIA MILLIA ISLAMIA & 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.) It has at the outset been enquired from the counsel for the petitioner, as to how the relief sought of directing the respondents No.1 to 4 University to admit the petitioner in the academic year 2014-2015, even if the petitioner were to be found entitled thereto, can be granted, inasmuch as the said academic year is since over.