DEEPIKA CHAUDHARY Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The present petition is directed against respondents 1 to 3 to declare the result of the petitioner for the Examination of M.A.(Pol. Science) held in April/May, 1996 and for direction to respondents 4 and 5 to extend the time and not to cancel her candidature for M.Phil Course for which the petitioner has been duly admitted.

(2.) The Jawahar Lal Nehru University (for short JNU) invited applications for admission to M.Phil Course for which the petitioner applied. The All India entrance examinations were held on May 17, 1996 by JNU and the petitioner was declared successful and provisionally admitted for M.Phil course for "Disarmament studies" in the school of International Studies at JNU. The petitioner deposited the fee on August 5, 1996 vide receipt No.28266. Copy of the same is filed as Annexure P-2. There are only seven seats and seven students including the petitioner have been selected and there is no waiting list. It is further alleged that the petitioner has already attended two classes which have been held on August 8, 1996 and August 13, 1996 respectively. Reondents 1 to 3 did not declare the result for M.A.(Pol. Science) and, therefore, the petitioner was unable to submit certificate/marks sheet to respondents 4 and 5 to whom she applied for extension of time. Respondent No.5 refused to extend time beyond August 14, 1996 as a result of which the petitioner approached this Court by filing this petition under Article 226 of the Constitution of India.

(3.) Notice to show cause was issued on August 16, 1996. The reply has since been filed on behalf of JNU by acting Registrar Shri K.Kishore. No reply was necessary by University of Delhi, respondents 1,2 and 3 as the result of the petitioner has since been declared on August 21, 1996. The stand taken by respondent 4 and 5 is that the petitioner has not been given any admission so far, therefore, the question of cancellation of the same does not arise. The deposit of first instalment of fees does not give automatic admission to the candidate and it is only one of the formalities to be observed by the candidate before admission is granted.