VIJAY KUMAR SHARMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) According to the averments in the petition, the petitioner is a citizen of India and he and his forefathers have deep roots in Delhi for the last 50 years. Though he has been living abroad for more than 15 years, at present he is residing at K-310, Kangra Niketan, Vikas Puri, New Delhi-110018. The petitioner has a daughter who has passed her 10+2 Examination (XII Standard) from the Indian School, Safat, Kuwait which is approved by the Ministry of Education, Kuwait and is recognised by the Central Board of Secondary Education. New Delhi. The petitioner's daughter wants to join for MBBS Course in one of the Colleges affiliated to Delhi University. The University of Delhi has invited applications on the prescribed proforma for admission to first year MBBS Course. The admissions are based on entrance examination. As per the Bulletin of Information issued by the University, a candidate will be eligible for MBBS/BDS entrance examination conducted by the University of Delhi only if he/she has appeared/passed 12th Class examination under 10+2 system conducted by the C.B.S.E./ Council for the Indian School Certificate Examination /Jamia Millia Islamia, New Delhi (except Patrachar Vidyalaya & Open Schools) with required subject i.e. Physics, Chemistry, Biology (Botany & Zoology) and English (Core or Elective) securing minimum 50% marks in aggregate in these subjects from the recognised school conducting regular classes situated within the National Capital Territory of Delhi. Since the petitioner's daughter studied in the Indian School, Safat, Kuwait and passed 12th Class Examination from there she is not eligable to appear in the entrance examination. Having felt aggrieved by the stipulation that the candidates appearing in the entrance examination should have passed l2th Class examination from the recognised schools conducting regular classes situated with the National Capital Territory of Delhi, the petitioner has filed this writ petition challenging the eligibility criteria and praying for direction to the respondents not to cancel the form of petitioner's daughter only on the ground that she has not passed her 12th Class examination from a school situated within the National Capital Territory of Delhi and to consider the candidate of the petitioner's daughter for admission to first year MBBS Course.

(2.) On 31st March, 1997 this Court directed to issue notice to the respondents to show cause why rule nisi be not issued. On the same date this Court also passed an order in C.M. 2302/97 directing respondent No. 1 to accept the application form of the petitioner's daughter. On the basis of the order dated 31.3.1997 in C.M. 2302/ 97 the petitioner's daughter was allowed to appear in the entrance examination held on 24.5.1997. By order dated 2.7.1997 in C.M. 5208/97 this Court directed the respondents to declare the result of the petitioner's daughter subject to the result of the writ petition.

(3.) Learned Counsel for the parties submitted that in compliance with the order dated 2.7.1997 the result of the petitioner's daughter was declared and that she secured only 422 marks and rank No. 3739. Learned Counsel for respondent No. 1, Ms. Rekha Aggarwal, pointed out that there were only 200 seat in the general category and hence going by the marks and rank obtained by the petitioner's daughter there was absolutely no chance of her getting admission even if she was considered eligible to appear in the entrance examination. In this view of the matter learned Counsel for respondent No. 1 further pointed out that it was unnecessary to consider the writ petition on merits. However, learned Counsel for the petitioner submitted that even though the petitioner's daughter might not get admission during this academic year, she would like to try again in the next year and at that time also the impugned eligibility criteria would stand in her way and hence it was necessary that the challenge of the petitioner against the eligibility criteria was considered on merits by this Court. In view of the performance of petitioner's daughter in this year's entrance examination it is really unnecessary to decide this writ petition on merits. However, in view of the insistence of the learned Counsel for the petitioner I proceed to consider the matter on merits.