Ms. Zaheena Jamal vs University Of Delhi And Anr.
2002 Latest Caselaw 1910 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

With the consent of the parties, writ petition is taken up for disposal.

2. Petitioner has field the present writ petition, seeking a direction to consider her as an eligible candidate for admission to the Bachelor of Unani Medicine and Surgery course (in short BUMS), conducted by the respondent for the academic session 2002-03.

3. The controversy in this petition is a short one. Petitioner was required to submit her admission form, duly completed, by 20.6.2002, which was the last date. Petitioner is stated to have submitted her application on 19.6.2002. One of the conditions of eligibility for admission to the BUMS Course was a qualification in Urdu, equivalent to 10th standard. Petitioner did not submit the Urdu qualification certificate together with the application form. The certificate regarding Urdu qualification was filed by the petitioner on 10.7.2002. In these circumstances, respondent held that petitioner had not submitted a complete application, as required by the respondent by the last date and the petitioner was not considered for admission. Learned Counsel for the petitioner relies on the case of one Mohd. Shariq. He submits that in the case of Mohd. Shariq, who had not given the Urdu Certificate along with the application by 20.6.2002, subsequently the certificate was entertained. He submits that on the same parity, petitioner's case be also looked into.

4. Petitioner has not made Mohd. Shariq a party to these proceedings and his details are not available. Mr. Mariaputham very fairly states that Mohd. Shariq had submitted a marksheet, which showed the Urdu qualification. However, from the record it cannot be said whether the marksheet was submitted Along with the application or was subsequently supplied. Be that as it may, one wrong action or aberration on the part of the respondent would not confer any legal right in favor of the petitioner to claim a similar benefit. Article 14 of the Constitution of India cannot be enforced in a negative manner. Mr. Mariaputham also informs that this petitioner had 65% marks in the qualifying examination. However, there are others and specially one candidate with 78 per cent marks, namely, Mr. Ashwini Kumar Singla, who has been similarly denied admission on the ground of having not furnished the Urdu Certificate together with the application form.

In view of the foregoing discussion, no ground is made out for interference in the exercise of writ jurisdiction.

Writ petition is dismissed.