Delhi High Court - Orders
Anushka Yadav vs The Vice Chancellor Jawaharlal Nehru ... on 23 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~28 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14951/2021
ANUSHKA YADAV ..... Petitioner
Through: Mr. Himansh Yadav and Mr.
Sachin Jain, Advocates.
versus
THE VICE CHANCELLOR JAWAHARLAL NEHRU
UNIVERSITY AND ANR. ..... Respondents
Through: Ms. Mrinmayee Sahu Mahapatra,
Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 23.12.2021 The proceedings in the matter have been conducted through hybrid mode [virtual and physical hearing].
CM APPL. 47210/2021 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.
W.P.(C) 14951/2021 & CM APPL. 47209/2021 (for stay)
1. Issue notice. Ms. Mrinmayee Sahu Mahapatra, learned counsel, accepts notice on behalf of the respondent No.1- Jawaharlal Nehru University ["JNU"].
2. The petitioner was a candidate for admission to JNU for the Master's Programme in International Relations and Areas Studies. She had made her application in the Other Backward Classes- Non-Creamy Signature Not Verified Digitally signed W.P.(C)14951/2021 Page 1 of 4 By:HARMINDER KAUR Signing Date:24.12.2021 12:47:28 Layer ["OBC-NCL"] category.
3. The petitioner took the JNU Entrance Exam ["JNUEE"] for admission to the said course, and scored 75 points. In terms of the Information Brochure, additional points were awarded under the head "Deprivation Points". The petitioner has, admittedly, been awarded 7 points under Clause 4.3 of the Information Brochure, being a female candidate from the OBC-NCL category. Her points thus rose to 82.
4. Clause 4.1 of the Information Brochure also contemplates "Deprivation Points" on account of the petitioner coming from a deprived district, i.e. one which falls within the first and second quartile, using various enumerated parameters. The list of districts within quartile 1 and quartile 2 has also been given in the Information Brochure. The petitioner completed her Class X and Class XII from District Alwar in the State of Rajasthan, which is listed in quartile 2. In terms of provisions of Clause 4.1, she claims that she was entitled to two extra points on this account. The grievance with which she has approached this Court is that she is not being given the benefit of these two extra points.
5. The matter assumes significance because the cut-off for the OBC- NCL category was 82 points and there were other candidates ahead of the petitioner who had also scored 82 points. However, in the event the petitioner was given the benefit of these two points, her score would exceed the cut-off.
6. Mr. Himansh Yadav, learned counsel for the petitioner, submits that the petitioner became aware of this only after the result was declared on 26.11.2021, through a communication dated 02.12.2021 from JNU. The petitioner was informed by this communication that she had not Signature Not Verified Digitally signed W.P.(C)14951/2021 Page 2 of 4 By:HARMINDER KAUR Signing Date:24.12.2021 12:47:28 selected the right option to claim "Deprivation Points" on account of quartile 2 district. Mr. Yadav states that such an omission was entirely unintentional, and the petitioner ought not to be deprived of admission to the course in question on account of this bona fide mistake.
7. Ms. Mahapatra submits that the period for submission of applications was extended from 31.07.2021 until 31.08.2021, and candidates were also given a further opportunity until 03.09.2021 to make corrections in their application forms. The petitioner did not avail of this opportunity, and also did not approach JNU for any correction until the results were declared in November, 2021. It is only thereafter that she represented to JNU in this regard. Ms. Mahapatra also states that all the seats for the course in question have been filled, and no second list for admissions is anticipated.
8. Having regard to the aforesaid facts and circumstances, I am of the view that the Court cannot come to the petitioner's assistance. In the writ petition, the petitioner accepts that she may have left the concerned column for claiming the benefits of quartile 2 "Deprivation Points" blank or marked as 'NO'. Her only contention is that this mistake was not intentional. Unfortunately, particularly after all the seats have been filled by other candidates whose eligibility remains undisputed, the writ court cannot offer any equitable remedy to the petitioner. The Court cannot disturb the admission of others as a consequence of an error on the part of the petitioner.
9. Mr. Yadav submits at this stage that the petitioner may be considered in the event JNU does bring out a second list of admission on account of vacancies that may subsequently arise. Ms. Mahapatra submits Signature Not Verified Digitally signed W.P.(C)14951/2021 Page 3 of 4 By:HARMINDER KAUR Signing Date:24.12.2021 12:47:28 that in the event a second list is contemplated, the petitioner's case will be duly considered.
10. The writ petition, alongwith the pending application, is disposed of with the above observations.
PRATEEK JALAN, J DECEMBER 23, 2021 'vp'/ Signature Not Verified Digitally signed W.P.(C)14951/2021 Page 4 of 4 By:HARMINDER KAUR Signing Date:24.12.2021 12:47:28