Delhi High Court - Orders
Taniska Gupta vs University Of Delhi And Ors on 28 October, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15002/2022
TANISKA GUPTA ..... Petitioner
Through: Mr. Rajiv Shankar Dwivedi, Mr.
Sushant Sarkar, Mr. Rishabh Jain, Ms.
Arti Dwivedi and Mr. Aham Saha,
Advocates.
versus
UNIVERSITY OF DELHI AND ORS. ..... Respondents
Through: Mr. Mohinder JS Rupal, Ms. V.
Bhawani and Mr. Aakash, Advocates
for R-1/ DU
Ms. Seema Dolo, Advocate for R-4/
NTA.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 28.10.2022 CM APPL. 46286/2022 (seeking exemption for filing true typed copies of the illegible/dim and/or improperly formatted and/or certified copies of the documents)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 1 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29W.P.(C) 15002/2022 & CM APPL. 46285/2022 (for interim directions)
4. A new system has been introduced by the Ministry of Education for admission in Under Graduate ["UG"] and Post Graduate ["PG"] programmes in Central Universities ["CUs"] for academic session 2022-23, which is known as the Common University Entrance Test (UG)-2022 [hereinafter interchangeably "CUET (UG)-2022" or "examination"]. Under this system, candidates desirous of admission to any of the CUs are required to appear in the aforesaid examination and on the basis of scores obtained, they can apply to CUs including Respondent No. 1 [University of Delhi - hereinafter "DU"]. As per the Information Bulletin of CUET (UG)-2022 [hereinafter "Information Bulletin"] - Respondent No. 4 [National Testing Agency - hereinafter "NTA"] was entrusted with registration of candidates, conducting the examination, hosting answer keys, inviting challenges, etc. Merit List is to be prepared by concerned CUs/ organisations on the basis of the score cards of CUET (UG)-2022, and thereafter, individual counselling is to be conducted.
5. Petitioner applied for CUET (UG)-2022 and was issued NTA score card (Annexure P/3), with following details: -
Score Card Details Subject Percentile Normalised Score (NTA Score) Code Name Score In Figure In Words 101 English 97.6677606 191.2192100 One Hundred Ninety One point Two One Nine Two One Zero Zero Only 309 Economics/ Business 58.4873950 104.7505600 One Hundred Four point Seven Five Economics Zero Five Six Zero Zero Only 314 History 100.0000000 200.0000000 Two Hundred point Zero Zero Zero Zero Zero Zero Zero Only 317 Legal Studies 95.8661417 146.5627000 One Hundred Forty Six point Five Six Two Seven Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 2 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29 Zero Zero Zero Only 323 Political Science 94.5643356 176.4677900 One Hundred Seventy Six point Four Six Seven Seven Nine Zero Zero Only 501 General Test 88.0829249 186.9480700 One Hundred Eighty Six point Nine Four Eight Zero Seven Zero Zero Only
6. On the basis of above scores, Petitioner - desirous of admission to DU, registered under the Common Seat Allocation System-2022 ["CSAS-2022"]. The admission process under CSAS-2022 is conducted in three phases - submission of the Common Seat Allocation UG-2022 Form ["CSA(UG)-2022 form"] (Phase-1), selection of preferences qua programs/colleges which requires candidates to map the subjects for which they appeared in CUET(UG)-2022 corresponding with Senior Secondary Board Examination (Phase-2), and thereafter, on basis of scores obtained in CUET(UG)-2022, DU proceeds with allocation-cum-admission process (Phase-3). Petitioner filled- up the CSA(UG)-2022 form [Annexure P/5] wherein details of the 'Marks in Senior Secondary Board Examination' are extracted as under: -
MARKS IN SENIOR SECONDARY BOARD EXAMINATION Subject Theory Marks Practical Marks Total Marks Subject Name Maximum Obtained Maximum Obtained Maximum Obtained Percentage* ENGLISH 100.00 92.00 0.00 0.00 100.00 92.00 92.00 HINDI 100.00 89.00 0.00 0.00 100.00 89.00 89.00 ELECTIVE HISTORY 100.00 78.00 0.00 0.00 100.00 78.00 78.00 POLITICAL 100.00 88.00 0.00 0.00 100.00 88.00 88.00 SCIENCE ECONOMICS 100.00 95.00 0.00 0.00 100.00 95.00 95.00
7. After submissions of her CSA(UG)-2022 form, she proceeded with subject mapping (Second Phase of CSAS-2022). During this process, as averred in the petition and reiterated by counsel for Petitioner she correctly mapped the subjects and since she had not studied 'Legal Studies' and Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 3 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29 'General Test' in Class XII - she mentioned "Not Applicable", although she had appeared in CUET(UG)-2022 for the afore-said subjects.
8. Petitioner contends that on visiting CSAS-2022 portal [www.admission.uod.ac.in] - she noticed that her Normalised Score/ NTA Score was displayed as 672.436 and the same included 'Economics' and omitted 'Legal Studies'. Aggrieved with such omission and considering the fact that she had scored higher marks in 'Legal Studies' vis-à-vis 'Economics'
- she wrote an e-mail to the Dean of DU on 01st October, 2022, pointing out that CSAS-2022 had not selected marks of top three subjects (+ language) and requested that marks secured by Petitioner in 'Legal Studies' (in CUET(UG)- 2022) should be included, as according to her, CSAS-2022 was designed to select scores of top three subjects (+ language). This request was accepted, and DU upgraded Petitioner's score to 714.249.
9. In the Third Phase of CSAS-2022, Petitioner was allocated a provisional seat in Respondent No. 3 [Miranda House College - hereinafter "Miranda College"], and subsequently, she received an online query on dashboard of CSAS-2022 portal on 20th October, 2022 in relation to subject mapping done by her. Query raised and Petitioner's response reads as follows:
-
All Queries raised by college(s)
# Query Program/ College/ Ref. Query Raised Query Applicant Action
No. No. at/ Responded Response
at
1 659 B.A. (Hons.) English 20-10-2022 The subject My
Miranda House (W) 01:00 PM / Legal Studies normalized
71126/MH/15/1/CSAS 20-10-2022 that you score clearly
06:14 PM took for fulfills the
CUET cannot criteria
Signature Not Verified
Digitally Signed W.P.(C) 15002/2022 Page 4 of 9
By:NITIN KAIN
Signing Date:28.10.2022
21:38:29
be matched and this
with any of score has
your Class 12 been made
subjects. If in such way
there is a way by
out of NTA and
this let us used by DU
know in the CSAS for
next 24 subject
hours. eligibility
mapping as
well as
admission
process.I am
attaching a
screen shot
of the
same.
10. In response to the above query, Petitioner made a representation on 22nd October, 2022 addressed to officials of admission committee/ admission grievance redressal committee of Miranda College. The e-mail communication sent in this regard reads as under: -
"Taniska Gupta <[email protected]> Sat, Oct 22, 2022 at 12:09 PM To: [email protected], [email protected] [email protected]> Dear Ma'am, My application number is 22351017688 and I applied for B.A.English [Hons.] of Miranda House as my first preference . I am provisionally selected for the course as per the first list of CSAS portal. The normalisation marks as well as subject mapping of mine [every candidate] has been provided by the CSAS portal.
I also fulfill the B.A. English [Hons.] eligibility criteria as specifically mentioned on CSAS portal as well as on information bulletin 2022 of Delhi University too. I have also taken the CUET exam of subjects that I studied in class 12th. I belong to the OBC [NCL] category. My normalisation score after excluding legal studies and including economics is 672.436 in light of above mentioned facts, kindly process my application and allow me to take admission into the college of my dream.Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 5 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29
I also expressly plead that my application has been processed as per the CSAS portal no information has been wrongly supplied from my side. Everything has been done as per the rules apply to any candidate. As CUET has been conducted for the first time and the eligibility criteria mentioned on dashboard as well as on bulletin of information is left to open ended interpretation and the subject mapping, choice filling, locking etc can't be tinkered by a candidate and hence it is above board in my case too. I sincerely plead that my problem would be dealt with compassionately for which I will be ever obliged.
Thanking you yours faithfully, Taniska Gupta Phone number- 7761099173 Application number-223510197688 Enclosure Course admission criteria of B.A. English [Hons.] as per CSAS portal."
11. Thereafter, Petitioner contends that dashboard of CSAS-2022 reflected that Petitioner's provisional allocation in CSAS Round-I was revoked. The application status reflected on the dashboard of CSAS-2022 is extracted as under: -
Seat Allocation for CUET Application Number 223510197688 # Program / College/ Allocation / Seat Category Application User Detail Ref. No. / Score Status Action 1 B.A. (Hons.) English Allocation: CSAS Round- Application Miranda House (W) I Seat Category: OBC Rejected 71126/MH/15/1/CSAS Score: 714.2497000 3. Non-
fulfillment of the subject-mapping criteria.
12. Aggrieved by the rejection of her provisional allocation to Miranda Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 6 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29 College, Petitioner has approached the Court.
13. Mr. Mohinder JS Rupal, counsel for DU, contends that the University intimated in advance that all candidates must stay alert and updated with the notifications, Information Bulletin, etc. available on CSAS-2022 portal and Petitioner, aware of her admission status on 23rd October, 2022, has belatedly approached the Court. Mr. Rupal hands across the board the 'Bullet of Information Under Graduate Admissions' 22' for CSAS-2022 and amongst 'Important Points' mentioned therein, Clause 3 is highlighted which reads as follows - "3. Candidate must have appeared in CUET (UG) - 2022 in only those subjects in which s(he) has passed Class XII.". He states that Petitioner, had not studied 'Legal Studies' in Class XII and was thus ineligible to sit for examination of the said subject in CUET(UG)-2022. Mr. Rupal states that since Petitioner appeared in CUET(UG)-2022 contrary to provisions contained in the Information Bulletin her candidature is liable to be rejected. He emphasises that the Court should not pass any interim direction(s) in the instant matter. Reliance is placed on the judgment of the Apex Court in Minor Sunil Oraon Tr. Guardian & Ors. v. C.B.S.E & Ors.1 Mr. Rupal further states that no change/ upgradation in her Normalised Score is possible since upgradation is carried out for only those candidates who were admitted in Round-I.
14. The above instruction contained in the Information Bulletin of CSAS- 2022 shared by Mr. Rupal, indicates that a candidate must appear in 1 MANU/SC/5171/2006.
Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 7 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29CUET(UG)-2022 only for those subjects where s(he) has appeared in Class XII. For this reason, the score of 'Legal Studies' cannot be taken into consideration for the purpose of calculating her Normalised Score. According to Petitioner, she correctly carried out subject mapping, however, considering that CSAS-2022 was introduced this year a mistake has occurred. Thus, in the prima facie opinion of the Court, to hold that Petitioner's candidature is entirely rejected, notwithstanding the fact that she appeared in the other subjects, would be complete travesty of justice. There is no good ground to reject Petitioner's candidature when scores in the other subjects are available for calculating the Merit List/ top three subjects (+language) for admission under CSAS-2022. The Normalised Score can easily be reworked and on that basis, she can continue with the remainder admission process. Although, Petitioner, inter-alia, seeks restoration of the seat allocated in Miranda College, the Court is not inclined to issue a mandamus to that effect, considering the fact that provisional allocation was done by Miranda College on the basis of Normalised Score of 714.249. However, it is considered appropriate to direct Respondents to update the Normalised Score of Petitioner by excluding 'Legal Studies'. Miranda College [Respondent No. 3] will consider the Petitioner's candidature on the basis of the updated Normalised Score. No prejudice will be caused to Respondents or would work to the detriment of any candidate if Petitioner's Normalised Score is updated.
15. The admission which has already taken place cannot be undone but by updating her score, she would be able to participate in the remaining rounds of counselling. It must be noted that an interim measure is necessary as CSAS- 2022 admission process is ongoing, and in absence of the above direction, she Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 8 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29 would be rendered remediless. The above directions are subject to final outcome of the petition and Petitioner, shall not claim any special equities.
16. Issue notice. Counsel for Respondents, mentioned in the appearance above, accept notice. Counter affidavit be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.
17. Notice be issued on remaining Respondents, upon filing of process fee, by all permissible modes, returnable on 23rd November, 2022.
18. A copy of this order be given dasti under the signatures of the Ld. Court Master.
SANJEEV NARULA, J OCTOBER 28, 2022 nk Signature Not Verified Digitally Signed W.P.(C) 15002/2022 Page 9 of 9 By:NITIN KAIN Signing Date:28.10.2022 21:38:29