The Delhi HC in, AVIRAL SHANKAR PANDEY THROUGH HIS FATHER VINAY SHANKAR PANDEY v. UNIVERSITY OF DELHI THROUGH ITS REGISTRAR, refused to interfere in the petition seeking to add Computer Science in best-of-four for B.Sc (Phy) course stating that it was too late to interfere. The court however acknowledged that CS should be a part of best-of-four and asked DU to relook the course structure and modify the same for upcoming sessions.
Facts
The Petition was brought before the court owing to the fact that DU’s Prospectus/Brochure and Bulletin of Information have not been amended at least for the last 3 to 4 years and the prevalent eligibility conditions as advertised do not consider Computer Science marks as part of `Best of four’ while adjudging merit for the B.Sc. (Hons.) Physics course.
Petitioner’s Contention
The Petitioner in the case does not intend to ask for a change in the eligibility criteria but merely states that the non-inclusion of Computer Sccience in best-of-four is completely irrational, logicless and arbitrary albeit it becoming a very important subject of the course. It was further urged that though DU relies upon the decision of the Academic Council and other relevant bodies, there is no reasoning given, whatsoever, for excluding Computer Science.
Respondent’s Contention
The Counsel submitted that the entire challenge is bereft of merit as the Bulletin of Information was released in June 2020, but the challenge is made only after the Class XII results were announced. Further, the UGC regulations provide a mandatory 60 days period before notifying any change in the eligibility criteria. It was also stated that since the process has started the change would be detrimental to others seeking admission.
Analysis and Findings
The Court after a perusal of submissions stated that the CS subject must be a part of the best-of-four due to the increasing technological advancement in the field. Reliance was also made on NEP 2020 which provided for flexibility and inter-discliplinary courses. The court stated that ideally CS ought to be taken while preparing the merit list of B.Sc (hons) Physics but the question here is as to whether the same can be directed at this stage by the Court. The court thus stated, “ At this stage, directing Computer Science to be added to the eligibility criteria for B.Sc. (Hons.) Physics would upset the apple cart, i.e. various students may be disadvantaged and various students like the Petitioner would obtain an advantage.” Since the race for admission had already begun the court was reluctant to change the criteria but asked DU to relook its course structures and the eligibility criteria and modify the same, well within time, so that students like the Petitioner are not put to hardship in the forthcoming academic years.
Case Details
Case- W.P.(C) 5623/2020 & CM APPLs.20372/2020, 20373/2020, 22041/2020
Counsel for petitioner- Mr. V. Shekhar, Sr. Advocate with Ms. Sheetal Rajput, Mr Shashank Shekhar and Mr. Mukesh Kumar Singh, Advocates.
Counsel for respondent- Mr. Mohinder Rupal and Mr. Hardik Rupal, Advocates for Delhi University. Ms. Subhash Prashar & Mr. Virender Pratap Singh Charak, Advocates for R-2.
Coram- JUSTICE PRATHIBA M. SINGH
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