REGISTRAR OF DELHI UNIVERSITY Vs. ASHOK KUMAR CHOPRA

JUDGEMENT

(1.) These three appeals under Clause 10 of the Letters Patent are against the common judgment dated 26/5/1967 of Tatachari, J. allowing three writ petitions filed by the first respondent in each of these three Letters Patent Appeals. This judgment will dispose of all the three appeals. Shri Chittaranjan Das Sharma, the first respondent in L.P. Appeal No. 70 of 1967 and the petitioner in Civil Writ petition No. 231 of 1967 passed the Secondary School Certificate Examination in March 1963 conducted by the Gujarat Secondary School Certificate Examination Board, Baroda. In July, 1965, he applied for admission in Deshbandhu College, New Delhi, for studying in B.A. (Pass Course) of the University of Delhi. In his application dated 7/7/1965 in the prescribed form, he furnished all the required particulars including the examination passed by him. The Principal of the College accepted his application and admitted him provisionally to the B.A. First year class on his payment of fees subject to the approval of the University. On 6/9/1965, another application, in the prescribed form, practically embodying the same particulars which were furnished in the application dated 7/7/1965, was obtained from him and was forwarded to the University by the College. The University allotted the student DB (E) 3457 as his enrolment number and fixed 10/11/1965 as the date of his enrolment in the University and a printed slip containing these particulars signed by the Registrar of the University was sent to the Principal of the College. On receipt of the said slip, the College authorities entered the enrolment number in the prescribed column in the Admission Register of the College against the name of the student. Shri Chittaranjan Das Sharma attended the classes of the First year of the B.A. (Pass Course). paid his fees regularly, appeared in the examination conducted by the College at the end of the First year in April, 1966 and passed the said examination and was promoted to the second year of the said Course. When he was pursuing the second year of his Course, on 5/8/1966, the Principal issued a letter to him informing him that he was not eligible for admission to the First year of the B.A. (Pass Course). Subsequently, correspondence passed between the student and the Principal and the University authorities and it is unnecessary to refer to them in detail for the purpose of these appeals. However, it appears from the said correspondence that the ground for treating Shri Sharma as not eligible for admission to the First Year of the B.A. (Pass Course) of the Delhi University was that the S.S.C examination from Gujarat (Baroda) passed by him had been recognised by the Delhi University as equivalent to Matriculation examination of the Delhi University only, whereas the minimum qualification for admission to the First year of the B.A. (Pass Course) was the passing of Higher Secondary or an equivalent examination with at least 40 % marks in the aggregate. The representations made by Shri Sharma failed and his admission was cancelled. It is thereafter, he filed Civil Writ petition No. 231 of 1967 on the file of this Court challenging the cancellation of his admission.

(2.) Shri Yashoda Nandan Sharma, the first respondent in LPA No. 69 of 1967 and the petitioner in Civil Writ Petition No. 232 of 1967 had passed the Secondary School Certificate examination in March 1965 conducted by the Gujarat Secondary School Certificate Examination Board, Baroda. He also applied for admission into the Deshbandhu College, New Delhi, for stuyding in B.A. (Pass Course) of the Delhi University. In his application dated 29/6/1965, in the prescribed form, he furnished all the required particulars including the examination passed by him. The Principal of the College provisionally admitted him to the First year of the B.A. Class on payment of his fees and subject to the approval of the University. The second application form with the necesary particulars was obtained from him on 31/8/1965 by the Colleges and was forwarded to the University. As in the case of Shri Chittaranjan Das Sharma, in this case also, the second application form practically contained all the particulars contained in the first application form dated 29/6/1965, including the examination passed by him. In this application form on the first page, under the heading 'University Enrolment Number 'DB(C) 3204' was written but the enrolment number was not specified in the printed slip nor the date of the said enrolment was filled in that slip. Shri Yashoda Nandan Sharma paid his college fees regularly, attended the classes in First year B. A. (Pass Course) and appeared in the examination at the end of the year held in April 1966. However, he failed in it and there after continued his studies again in the same class for the succeeding year. While so, on 15/6/1966, the Principal of the College issued a notice to him staling that his admission was cancelled with immediate effect as the University had not approved of his admission since the S.S.C. examination of the Gujarat Board had not been recognised as equivalent to the Higher Secondary School examiliation by the University. There was correspondence between Shri Yashoda Nandan Sharma and the College and the University authorities and representations by him but the student did not get any relief. Thereafter, he filed Civil Writ petition No. 232 of 1967 on the file of this Court challenging the cancellation of his admission to the College.

(3.) Shri Ashok Kurnar Chopra, the first respondent in LPA No. 68 of 1967 and the petitioner in Civil Writ petition No.321 of 1967 had passed the SSC. examination of Poona Board held in March 1963 and on 29/6/1965 he applied to the Delhi College (Evening Course), Ajmere Gate, Delhi, for studying in the B.A. (Pass Course) of the University of Delhi. In the application, in the prescribed form, he furnished all the necessary particulars including the examination passed by him. The Principal of that College admitted him provisionally to the B.A. Course subject to confirmation or rejection by the University. A second application form dated 21/7/1965 was taken from Shri Chopra by the College which contained practically the same particulars which were furnished in the application dated 29/6/1965. This application form was also forwarded to the University. Here again, though on the first page of the application form under the heading "Universify Enrolment Number", 'O (E) 7326' was given, the other portions were not filled in by the University and the printed slip also was not filled in by the University. (This form was not required to be produced before the learned Judge and was not produced before him, but we required it to be produced before us and the same was produced and we have persued it). Shri Chopra regularly paid his College fees, attended the classes of the First year of the B.A. (Pass Course), appeared in the examination held at the end of the first year in April 1966 and passed the said examination. He was promoted to the second year class during the succeeding year and he was studying in that class. While so. on 25/11/1966, the Principal of the College served a notice on him staling that the University of Delhi had objections to his provisional admission into the College being confirmed as the S.S.C. examination of Poona Board was not recognised as equivalent to the Higher Secondary examination. In his case also, correspondence ensued between the student and the college and the University authorities but ultimately there was no decision by any of the authorities, in favour of the student. It is under those circumstances he filed the Civil writ petition No. 321 of 1967, challenging the action of the authorities cancelling his admission.