SHASHANK TIWARI Vs. CENTRAL UNIVERSITY OF SOUTH BIHAR

JUDGEMENT

(1.) The present writ petition has been filed seeking the following reliefs:-

(2.) The brief facts of the case, according to the petitioner are that the petitioner, after finishing his intermediate studies and having passed 12th standard from St. Laurence School, Uttar Pradesh had applied for admission in the 5 year integrated B.A. LL.B (Honors course), in the respondent Central University of South Bihar, through the Central University Common Entrance Test (hereinafter referred to as the 'CUCET'), 2020. The CUCET, 2020 was notified in the month of February, 2020 and applications were invited from candidates for admission in various courses in 14 universities including the respondent University, whereafter the entrance examination was held and the petitioner had also appeared in the examination held on 18/9/2020 by the offline mode, pursuant to him having filed appropriate application. The first merit list of BA LL.B (Honors Course) was released on 6/11/2020 and the petitioner had stood at the 33rd rank, making him eligible for seeking admission in the Central University of South Bihar. The last date of payment of fees was fixed as 9/11/2020, however, since the family of the petitioner was going through a bad financial condition, the petitioner could not make payment on or before 9/11/2020, however, he had made a payment of a sum of Rs.11,229.00 on 12/11/2020. Thereafter, the petitioner was not granted admission leading to him having filed representation by email, before the respondent university. It has been submitted that the university had issued a notice dtd. 18/11/2020, by which the last date for depositing the programme fees was extended up to 22/11/2020. It is also submitted that the final list of the eligible students who were to be admitted in the college was released vide circular dtd. 30/11/2020. It is further that though nine seats were left vacant, the name of the petitioner was not mentioned in the final list, though he had made payment of fees on 12/11/2020 and the new deadline had been fixed as 22/11/2020. Thus, it is submitted by the learned counsel for the petitioner that a sympathetic view of the matter be taken so that the petitioner is not made to lose one year.

(3.) Per contra, the learned Sr. Counsel for the respondent University Shri S.D. Sanjay has submitted that the present case pertains to the academic year 2020-21, entrance test whereof was conducted on 18th, 19th and 20/9/2020. The result of CUCET, 2020 was declared on 17/10/2020, whereafter the Central University of South Bihar had issued a notice dtd. 5/11/2020, instructing all the candidates, enlisted in the first merit list, to deposit the prescribed programme fees by the mode of online payment by 9/11/2020, failing which their case for admission shall not be considered. As far as the petitioner is concerned, it has been stated that he had secured a score of 60.75 in CUCET, 2020 and was placed in the unreserved category at serial no. 33 of the first merit list of BA LL.B (Honors course), however, he failed to deposit the fees by 9/11/2020. Thereafter, the second merit list was announced on 11/11/2020 for admission against the vacant seats in various courses with an instruction to the candidates, enlisted in the second merit list to deposit the prescribed programme fees through online mode by 18/11/2020, failing which they shall not be considered for admission. It has been further submitted that vide notice dtd. 18/11/2020, the last date of deposition of admission fees by the candidates of the second merit list was extended up to 22/11/2020, on account of diwali & chhath puja holidays, however, as far as the last date for deposit of fees by the candidates of the first merit list is concerned, the same was never extended. It is further submitted that after cessation of the date prescribed for admission of the candidates of second merit list, the third and the last merit list was announced on 25/11/2020, for admission against the vacant seats in various courses, with an instruction to the candidates enlisted therein to deposit the prescribed programme fees by 30/11/2020, failing which they shall not be considered for admission. It is also submitted that as far as the third and final merit list is concerned, the admission process was open for all the candidates who had appeared in the CUCET, 2020, in order to fill the remaining seats and so far as the unreserved category is concerned, since there was only one vacant seat left in the 5 years BA LL.B (Honors) programme, the candidate having a score of 52.5 was announced to be the candidate eligible for taking admission and his name was reflected in the third list. It has been categorically stated that after culmination of the admission process, no vacancy is available in the unreserved category, under which the petitioner has applied. It is the submission of the Ld. Sr. Counsel for the respondent University that the last date for admission is over long back and as per the UGC guidelines, no admission can be taken after 30/11/2020, in the UGC/PG programme, even if the seats are vacant, hence the petitioner cannot be accommodated.