Ms.Mahira Khan vs Jamia Millia Islamia University ...
2009 Latest Caselaw 2932 Del

*                  IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         Writ Petition (Civil) No.9696/2009

%                           Date of Decision: 30.07.2009

Ms.Mahira Khan                                            .... Petitioner
                           Through Mr.Anwar Faraz Khan, Advocate for
                                   Mr.Sulaiman Mohd. Khan, Advocate for
                                   the petitioner.

                                     Versus

Jamia Millia Islamia University and another          .... Respondents
                      Through Mr.M.A. Siddiqui, Advocate

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.     Whether reporters of Local papers may be                YES
       allowed to see the judgment?
2.     To be referred to the reporter or not?                  NO
3.     Whether the judgment should be reported in              NO
       the Digest?


ANIL KUMAR, J. (ORAL)

*

This is a petition where petitioner seeks re-examination of the

Bachelor of Business Studies (BBS) Entrance Examination for the

session 2009-2010.

The petitioner has contended that she was allotted Roll NO.BBS

2082 and when she went to the examination hall on 16th June, 2009,

she was shocked and surprised to find out that her seat was occupied

by another candidate who had also been allotted Roll No.BBS 2082.

According to her, this created quite a confusion which could be sorted

out by the respondent after considerable time when a new roll number

being Roll No.BBS 2082A was given to her and the petitioner was

allowed to take entrance examination. According to the petitioner, on

account of mistake committed by the respondent in allotting same roll

number to two candidates, allotting a different roll number after a

considerable time, the petitioner lost about 45 minutes and she could

not perform properly in her entrance examination leading to her non-

selection. In the circumstances, the petitioner has prayed for a

direction to the respondent to re-conduct the entrance examination for

the petitioner for the course of Bachelor of Business Studies (BBS) for

the Sessions 2009-2010.

Learned counsel for the respondent, on instructions, has stated

that the University/respondent has agreed to conduct re-examination of

the petitioner for admission to the course of Bachelor of Business

Studies (BBS) for the Session 2009-2010. An affidavit of Professor Z H

Khan, Registrar of the University, has also been produced stipulating

that University has agreed to conduct re-examination for Bachelor of

Business Studies (BBS) Entrance examination for the Session 2009-

2010.

Learned counsel for the respondents, on instructions, further

states that the University shall conduct the entrance examination for

the petitioner on Tuesday, i.e., 4th August, 2009 at 11.00 AM.

The petitioner or his counsel in the circumstances is directed to

approach the Registrar of the University or the counsel for the

respondent, Mr. M. A. Siddiqui, in the Administrative Block of the

University at 4.00 PM on 31st July, 2009 to complete other formalities

for the petitioner to take the entrance test on 4th August, 2009.

In the facts and circumstances, the writ petition is disposed of

with the direction to the University/respondent to re-conduct the

entrance examination for Bachelor of Business Studies (BBS) for the

Session 2009-2010 for the petitioner. The other terms and conditions

for selection of the petitioner for the said course, however, shall remain

same as for other students and as contemplated in rules and

regulations. No order as to costs.

A copy of this order be given dasti under the signatures of the

Court Master of this Court to the counsel for the parties.

July 30, 2009                                           ANIL KUMAR, J.
'Dev'