AAKANSHA Vs. GURU GOBIND INDRAPRASTHA UNIVERSITY

JUDGEMENT

(1.) The petitioner claims a mandatory direction to the respondent University i.e. Guru Gobind Singh Indraprastha University (hereafter "the University") to fill a vacancy in the Master of Business Administration (hereafter referred to as "MBA course"), from amongst the unfilled seats available in the University and its affiliated institutions.

(2.) The petitioner applied for admission to the MBA course. The University issued admission brochures on 7th March, 2007 for the Academic session 2007- 2008. The brochure prescribed the procedure for filling seats in the University managed as well as the University affiliated institutions. A Common Entrance test (CET) was contemplated and held under Chapter 9; this was followed by a counseling procedure, described in Chapter 10. The counselling was in two sessions, each providing opportunity for specified categories of candidates/students with different rankings on various dates. Those unsuccessful in the first round of counseling were entitled to participate in the second round of counseling. The second round of counseling by the designated authority of the University ended on 30/31st July, 2007. According to the Brochure of the University, there were 700 seats in the MBA courses offered by the institutions affiliated with the University. The fourth respondent College had an intake of 120 seats. The petitioner was ranked 2437 in the common entrance test (CET). She attended both counseling sessions but was unable to obtain admission. It is averred that despite the completion of counseling, one vacancy existed in the fourth respondent College. The petitioner relies upon letters exchanged between the said College and the University, dated 9.8.2007 and 29.8.2007. The College had reported a vacancy on 9.8.2007 but the University, in its letter stated that no admission was permissible after second counseling. It is averred that this was communicated to the petitioner by letter dated 7.9.2007.

(3.) The petitioner contends that the University, in order to fill seats in some courses, including Master of Business Administration (MBA), LL.B. and Bachelor of Journalism, (after second counseling had ended in the end of July 2007) nevertheless held an "extended second counseling session" on 12th August, 2007. By this process, the respondent University sought to admit students with rankings beyond 3000, in those courses. Particular reliance had been placed upon the second extended counseling session for the MBA programme which took place on 12th August, 2007. The petitioner was unaware of it. It was lastly urged that this court should adopt an equitable approach. Counsel commended the order of the Supreme Court dated 23.9.2005 in IA Nos.90 and 96 (in WP 350/93) i.e. Islamic Academy of education Vs. State of Karnataka, where the Court permitted filling of various "left over" seats though admission through counseling had ended.