KARAN VAID Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The five petitioners in these writ petitions, filed under Article 226 of the Constitution of India, challenge the order of the Principal, Ramjas College, Delhi, respondent No.2 herein, in cancelling their admission to B.Com (P) course on 29 April 1995 when their final examination for the first year was to commence from2 May 1995, primarily on the ground that the said order has been passed without affording any opportunity of hearing to the petitioners and that no reason for cancellation has been given in the said order. Four petitions were filed and came up for hearing on 1 May 1995 and the 5th one on 3 May 1995. While issuing notice to the respondents to show cause as to why rule nisi be not issued, taking note of the submission of counsel for the petitioners that the Principal, on being approached by them, had declined to disclose the reason for cancellation of admission and that the petitioners fulfilled all the requisite qualifications for taking the annual examination with no shortage in attendance and no arrears of fees, the Court directed that the admission tickets of the petitioners would not be cancelled and they shall be allowed to take the examination but their results may be withheld. The Court, however, observed that granting of this prayer would not mean that the petitioners could claim any equity in their favour if ultimately they fail. The petitioners have since taken the examination but their results have been withheld to await decision in these petitions.

(2.) Apart from the Ramjas College, University of Delhi has also been impleaded as respondent No.1.

(3.) On the following date appearance was put in by one counsel for both the respondents and he was granted time to file answer. When the cases came up for hearing before us on 18 July 1995, reply had not been filed by the respondents but learned counsel for them produced the applications submitted by the petitioners for admission to first year classes in academic session 1994-95 and contended that in terms of a decision taken by the Staff Council the Principal had the discretion to admit ten students and report the same to the Staff Council but admission of these five students/petitioners and another student being over and above the said discretionary quota they were admitted by the Principal on 21 April 1995 only provisionally, subject to condonation of delay in their admissions by the Standing Committee of the Delhi University. He stated that in the meeting of the Staff Council held on 28 April 1995, the action of the Principal in granting admissions in question was disapproved and it was decided that these admissions be cancelled forthwith. He urged that since the career of the students was involved, the College was trying to sort out the matter and, therefore, the cases be adjourned to await final decision in the matter by the College authorities.