Delhi High Court - Orders
Ms. Sanchi Dilavari vs University Of Delhi And Anr on 27 September, 2019
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9347/2019 & CM APPL. 40537/2019
MS. SANCHI DILAVARI ..... Petitioner
Through: Ms. Nupur A. Goswami, Advocate
with petitioner in person.
versus
UNIVERSITY OF DELHI AND ANR. ..... Respondents
Through: Mr. Prang Newmai, counsel for
Mr. Mohinder JS Rupal, Advocate for
University of Delhi
Mr. Amit Bansal with Ms. Seema
Dolo and Ms. Vipasha Mishra,
Advocates for respondent no. 2.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 27.09.2019
1. I am told by Mr. Prang Newmai, who, appears for the University of Delhi that a seat in the EWS category is available in the Satyawati College (morning session).
2. To be noted, counter affidavit has not been filed.
3. I have queried Mr. Prang as to whether the petitioner who belongs to the General category can be given a seat in the EWS category since cut-off date 31.08.2019 has been crossed. 3.1 Mr. Newmai is not able to provide an answer one way or the other.
W.P.(C) 9347/2019 page 1 of 4
4. For the moment, the petitioner will be provisionally admitted to the Satyawati College in the EWS category in the backdrop of the order passed on 28.08.2019 and given the fact that the University of Delhi has not filed a counter affidavit. 4.1 For the sake of convenience, the relevant part of the order dated 28.08.2019 is extracted hereafter:-
" W.P.(C) 9347/2019 2 The principal grievance of the petitioner is that one of the elective subjects that she opted for in Class X i.e Multimedia and Web Technology, she is told, will have a lesser weightage. This subject was opted by the petitioner in 2016-2017 after she had cleared her Class X examination. The petitioner relies upon a circular No. 26 dated 23.10.2003 (in short "2003 Circular") issued by the CBSE to support her argument that the elective subject chosen by her was given the same weightage as the other two subjects i.e. Computer Science and Informatics Practices when she first opted for the subject i.e. Multimedia and Web Technology.
3 Learned counsel for the petitioner says that June 2019 information bulletin published by the University of Delhi states contrary to the 2003 Circular issued by CBSE that the aforementioned elective subject i.e. Multimedia and Web Technology will have a lesser weightage. 3.1 Resultantly, the marks obtained by the petitioner in the Multimedia and Web Technology subject have suffered a deduction by 2.5%. 3.2 Consequently, the petitioner has not been able to get admission in the regular morning course offered by the colleges run under the aegis of University of Delhi.
W.P.(C) 9347/2019 page 2 of 4
4. Mr. Rupal, who, appears on advance notice, says that the provision made in June 2019 concerning this aspect in the information bulletin of June 2019 is no different from that which obtained in the information bulletin issued in 2018.
4.1 It is Mr. Rupal's contention that in fact University of Delhi had done away with the provision for scaling down the marks which, however, had to be brought back on account of the judgment rendered by the Division Bench of this Court in Chanderpal Singh Bhagri Vs. University of Delhi.
4.2 Mr. Rupal also says that the writ petitions, which raised a similar issue, have been dismissed.
5. To be noted, while I have not been shown the order of other coordinate benches, to my mind, there is merit, at least, at this stage, in the contention of the learned counsel for the petitioner that the petitioner had made her choice of the elective subject in 2016-2017 and therefore even it is accepted that the same dispensation obtained in 2018, it could have no impact on the petitioner's case as she could not have changed her subject mid-stream.
6. On the aspect of urgency, I am informed that the last date for closure of admission is 31.08.2019.
6.1 Learned counsel for the petitioner says that there are seats available in the concerned course i.e. B.A. (Hons.) in morning session in Dr. Bhim Rao Ambedkar College and Satyawati College. 6.2 If this position, as articulated by counsel for the petitioner before me is correct, University of Delhi will ensure that one seat in the morning session is retained till the next date of hearing.
W.P.(C) 9347/2019 page 3 of 4
7 Issue notice. Mr. Rupal accepts notice on
behalf of the University of Delhi and Mr. Bansal accepts notice on behalf of CBSE. Both the respondents will file their counter affidavits, before the next date of hearing.
8 The CBSE in its counter affidavit, apart from anything else, will indicate as to whether the information concerning scaling down of marks qua the subject in issue was communicated to it by the University of Delhi.
9 Renotify the matter on 20.09.2019."
5. The provisional admission, however, will be subject to the final outcome of the writ petition.
6. Satyawati college is arrayed as a respondent.
7. Amended memo of parties be filed by counsel for the petitioner.
8. Issue notice to the newly arrayed respondent i.e. Satyawati College.
9. Renotify the matter on 13.11.2019.
10. Dasti under the signatures of Court Master.
RAJIV SHAKDHER, J
SEPTEMBER 27, 2019
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W.P.(C) 9347/2019 page 4 of 4