MOTIKA SINHA Vs. DELHI UNIVERSITY

JUDGEMENT

(1.) The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India for direction to the respondents to admit the petitioners to the LL.B. Course. The respondents are, (i) the University of Delhi, (ii) the Dean, Faculty of Law, Delhi University, (iii) the Convener, Admission Committee, Faculty of Law, Delhi University, (iv) the Professor incharge, Campus Law Centre, Faculty of Law, Delhi University, (v) the Professor incharge, Law Centre-1, Faculty of Law, Delhi University, and (vi) the Professor inCharge, Law Centre-11, Faculty of Law, Delhi University.

(2.) According to the petitioners, they applied for admission to LL.B. Course of the Delhi University for the session commencing from August, 1998 and they appeared in the Entrance Test held on 5th July, 1998. The respondents released the first merit-cum-cut off list on 20th July, 1998. As per the said list, they were eligible for admission in the law Centres of their choice. However, the respondents in an illegal and arbitrary manner allowed the petitioners only a half working day to complete all the formalities and to submit their admission forms. The respondents had put up a notice dated 20th July, 1998 (Annexure-P2) on the notice board staling that the candidates whose names appeared in the provisional admission list were required to collect and fill up the forms by 21st July, 1998 upto 1.00 p.m. positively failing which they would lose their chance of admission. The petitioners were not allowed to submit their forms alongwith the requisite documents after 1.00 p.m. on 21st July, 1998. At the same time candidates whose names appeared in the second admission list issued on 27th July, 1998 were allowed to submit the forms and the requisite documents by 29th July, 1998. They were also given further time to submit fees till 31st July, 1998. It is also alleged that the respondents accepted forms from certain other candidates much later than the prescribed date and allowed them extension of time upto 7th August, 1998 to submit the requisite documents. It is contended that the action of the respondents in granting only a half working day to submit the forms and in not allowing the petitioners to submit their forms after 1.00 p.m. on 21st July, 1998 while granting longer time to the candidates in the second admission list, was arbitrary and unreasonable. It is also contended that the petitioners were denied admission only because of technical reasons. It is further contended that the respondents have already admitted candidates from the second admission list who got less marks than the petitioners and that the respondents propose to admit candidates with still lesser marks. The petitioners have also raised an allegation that the respondents allowed migrations from one Law Centre to another in violation of the provisions in the prospectus.

(3.) While issuing notice to the respondents on 31st July, 1998, this Court had passed an interim order directing the respondents not to publish any further admission list. The said interim order is still in force.