Nikhil Jain vs Jawahar Lal Nehru University ...
2009 Latest Caselaw 3840 Del

*                 IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           Writ Petition (Civil) No.10716/2009

%                             Date of Decision: 18.09.2009

Nikhil Jain                                                       .... Petitioner
                              Through Petitioner in Person.

                                        Versus

Jawahar Lal Nehru University (JNU)               .... Respondent
                   Through Mr.S.C. Dhanda, 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?                     YES
3.      Whether the judgment should be reported in                 YES
        the Digest?


ANIL KUMAR, J. (ORAL)

*

1. The petitioner seeks direction to Jawahar Lal Nehur University

(JNU) to admit him in the M.A. (Pol. Science) course 2009-2010

pursuant to deferred admission granted to him on 7th August, 2008 on

his application for the same date.

2. The petitioner applied for admission to the course of M.A. (Pol.

Science) in April 2008 and appeared in the entrance examination on

18th May, 2008 for the said course.

3. The result of the entrance examination was declared in July 2008

and the petitioner was selected. The eligibility condition for admission

to M.A. (Pol. Science) course of JNU contemplated last date for payment

of fees as 5th August, 2008. For getting admission in the course, a

candidate had to join the program by stipulated date, i.e., 5th August,

2008. In case of non-declaration of the result of the qualifying

examination, the candidate had to submit his acceptance of admission

along with the bank draft of the required amount by 5th August, 2008.

The relevant eligibility condition stipulated in the prospectus for 2008-

2009 of Jawahar Lal Nehru University is as under:-

" Such of the selected candidates who are not in a position to join the programme by stipulated date i.e 5th August, 2008 owing to non-declaration of their result but submit their acceptance along with the Bank draft of the required amount by 5th August, 2008 will be permitted to complete their registration requirements on or before 14th August, 2008.

It may be noted that such of the selected candidates who have given their acceptance along with the Bank Draft of the required amount and have appeared in the qualifying examination before 14th August, 2008 but fail to join the programme by August 14, 2008 may, in case, if they so desire, apply in writing to the Assistant Registrar (Admissions) in the prescribed form requesting for deferred admission in the Winter Semester (beginning January 2009) or during the next academic year, as may be accepted by the University. University reserves the right not to grant deferred admission.

Candidates who are not able to report for registration along with all relevant documents including original marks sheets of qualifying examination by August 14, 2008 due to

non declaration of the result of the qualifying examination are advised not to come for admission to the University after 14th August, 2008 which is the deadline for admission to the University in the semester. No relaxation/extension of time for admission shall be granted beyond 14th August, 2008 for any reason whatsoever."

4. The petitioner had applied for admission to M.A. (Pol. Science)

course of Jawahar Lal Nehru University on the basis of qualifying

examination from University of Delhi. The petitioner has disclosed that

he was placed in supplementary in one of the papers of the qualifying

course and his result of supplementary examination was not declared

prior to 14th August, 2008, therefore, according to eligibility condition

the petitioner sought for deferred admission for the winter semester of

2009/next year and for which a form dated 7th August, 2008 was filled

by the petitioner according to the prospectus of the respondent, which

was accepted by the respondent.

5. Since the result of the petitioner in the qualifying examination

was declared after 14th August , 2008 and the request of the petitioner

for deferred admission was accepted, therefore, on the basis of the

deferred admission petitioner sought admission to M.A. (Pol. Science)

course 2009-2010 and gave a letter dated 29th July, 2009 stating that

since he had got a supplementary in one of the papers for the qualifying

course and the paper in which supplementary was awarded to the

petitioner was cleared by him after 14th August, 2008 and he was

granted deferred admission, therefore, he be admitted to M.A. (Pol.

Science) course for the session 2009-2010. The petitioner also asserted

that the necessary form for admissions duly signed by the Head of the

Department of Political Science was issued but the petitioner has been

denied admission necessitating filing the present petition.

6. The petitioner along with the petition also produced the copies of

his statement of marks for B. A. (Programme) of University of Delhi

dated 25th February, 2009 showing his marks as 540 out of 1200 and

the petitioner having passed in the B.A. Programme of the University of

Delhi. The petitioner has also produced a certificate issued by the

Principal, Sri Aurobindo College, University of Delhi, certifying that the

petitioner had appeared in all the papers of B.A. third year examination

before 14th August, 2008 and his result was declared after 14th August,

2008. The petitioner has also produced the copy of the receipt No.50265

dated 7th August, 2008 depositing fees for M.A. (Pol. Science) course

with Jawahar Lal Nehru University.

7. Pursuant to the request of the petitioner for deferred admission

for the M.A. (Pol. Science) Course 2009-2010, he received a

communication dated 6th July, 2009 intimating him that he has been

permitted to join M.A. (Pol. Science) Course during the Monsoon

semester 2009-2010 beginning from July 2009 subject to production of

evidence that the petitioner fulfils eligibility requirement for admission

to the said course and that the petitioner had appeared in all the papers

including practicals, if any, of qualifying examination and the result of

the qualifying examination was declared after 14th August, 2008.

8. The petition is contested by the respondent and an affidavit of

Shri V.K. Jain, Acting Registrar, Jawahar Lal Nehru University, has

been filed contending inter alia that the facility of deferred admission is

available only to those candidates whose results have not been declared

by their respective Boards/Universities/Institutions prior to 14th

August, 2008 and such candidates who have appeared in all their

papers including practicals, if any, of the qualifying examination before

14th August, 2008. According to the respondent, petitioner had applied

for deferred admission on the plea that his result had not been

declared. The petitioner is alleged to have submitted an undertaking

that he had completed all the papers of the qualifying examination

before 14th August, 2008 and his result would be declared after 14th

August, 2008. A copy of the undertaking given by the petitioner, which

in fact is an application for deferment of admission dated 7th August,

2008 has also been produced. The said application categorically

stipulates that all the papers of the petitioner including practical

examination had been completed on or before 14th August, 2008 and

the result of the qualifying examination would be declared after 14th

August, 2008.

9. According to the respondent, the petitioner approached for

admission on 22nd July, 2008 when it transpired that the petitioner had

been placed in supplementary in one of the papers of the qualifying

examination prior to 14th August, 2008 and he had appeared in the

supplementary examination held after 14th August, 2008. On this

ground, it is contended that the petitioner is not entitled for admission

though he had qualified the entrance examination for admission to M.A.

(Pol. Science) Course of J.N.U. and he has also obtained minimum 45%

marks in the qualifying examination. It is contended by the respondent

that though the petitioner was granted deferred admission on 7th

August, 2009 and his application and his fees had also been accepted

but the eligibility is considered when the candidate comes to complete

the formalities of admission and tenders his original documents

because at the time of the entrance examination eligibility is not

considered. An additional affidavit has also been filed by the respondent

contending that dates are notified in the prospectus approved by

Academic Council of the University. According to the respondent the

dates are fixed keeping in view the teaching programme in each

semester. It was further contended that in JNU it is not only the

performance at the end of the semester which matters but there is

continuous internal evaluation of the students. Referring to clause 20 it

was asserted that the candidates appear in the entrance examination at

their own risk and they would be entitled for admission provided they

secure minimum percentage in the qualifying examination.

10. The respondent, however, admitted the facility of deferred

admission in case of those students whose result is not declared up till

the date notified by the respondent/University. Respondent emphasized

that the admission is granted by the admission branch of the University

after scrutinizing all the relevant documents produced by the

candidates. According to the respondent the role of faculty chairperson

becomes relevant only after admission, as the folio of admission is to be

taken to the chairperson of the department only after the eligibility is

verified by the admission branch. It was pleaded that no document is

examined when the request for deferred admission is accepted as at the

time all the documents are not available and the result is not declared.

11. Regarding the endorsement of the chairperson of the department

on the folio of the petitioner, it was submitted that the chairperson does

not examine any admission paper. It was also contended that no official

of the admission branch has signed the admission folio of petitioner.

The requirement of endorsement by the chairperson of the centre is

only after admission is granted by the admission branch. In the

circumstances it was contended that on the basis of folios produced by

the petitioner which had been duly endorsed by the chairperson of the

department, it cannot be inferred that the petitioner had already been

granted admission.

12. The arguments have been heard by this Court. Though the

learned counsel for the respondent has very emphatically contended

that since the petitioner appeared in one of the papers in which he was

placed in supplementary examination after 14th August, 2008, however,

learned counsel is unable to show as to on what basis such an

inference has been drawn by the University. The petitioner has filed a

certificate dated 16th July, 2009 from the Principal of Sri Aurobindo

College, University of Delhi categorically stipulating that the petitioner

had appeared in all the papers of B.A. third year examination before

14th August, 2008 and his result was declared after 14th August, 2008.

The said certificate has not been denied by the respondent in the

counter affidavit filed by the respondent. In the circumstances, the plea

of the respondent that the petitioner had appeared in the qualifying

examination of the graduation course after 14th August, 2008 is based

on their own assumption. Merely because the petitioner was placed in

the supplementary for one paper of the B.A. Course, it could not be

assumed by the respondent that the petitioner had not appeared in the

papers of qualifying examination prior to 14th August, 2008. There is

nothing on record to show that the petitioners had appeared in one of

the paper of the qualifying examination after he was placed in

supplementary after 14th August, 2008. What is the basis for such an

assumption has not been disclosed by the respondent. In view of the

certificate dated 16th July, 2009 which is annexed as Annexure P-3 to

the petition, the respondent ought to have produced something to

contend that the said certificate is not correct or should have averred in

the counter affidavit as to the date on which the petitioner appeared in

the supplementary examination of one paper.

13. The other reason which impels this Court to reject the contention

of the respondent is that the petitioner did appear in the examination of

qualifying course prior to 14th August, 2008 in all the papers. The

eligibility condition as detailed in the prospectus is that the candidate

must have appeared in the qualifying examination before 14th August,

2008. The condition is not that the candidate should have passed all

the papers of the qualifying examination after appearing in them prior

to 14th August, 2008. The principal of the college from where the

petitioner had appeared in the qualifying examination has certified that

the petitioner appeared in all the papers of the qualifying examination

before 14th August, 2008. This also cannot be refuted by the

respondent that if a candidate is placed in supplementary in one of the

papers, it cannot be stated that the candidate has failed in the

qualifying examination. The deferred admission is for those candidates

who have qualified the entrance examination of the

respondent/University but whose result qualifying the examination is

not declared prior to 14th August, 2008. In the circumstances if a

candidate after appearing in the qualifying examination prior to 14th

August, 2008 reappears in one of the papers of his qualifying

examination for any reason including that such a candidate was placed

in a supplementary, it cannot disentitle such a candidate for deferred

admission. The application for deferred admission dated 7th August,

2008 has a statement of the petitioner, only to the effect that all the

papers of qualifying examination including practical examination had

been completed before 14th August, 2008. Completing all the papers of

qualifying examination including practical examination does not

connote that the a student should have passed all the examinations.

Consequently on the basis that in a supplementary examination in one

paper of the qualifying examination, the candidate had appeared after

14th August, 2008, the deferred admission already granted on 7th

August, 2008 even by accepting the fees of the course for the winter

semester, 2009, could not be cancelled.

14. An eligibility condition that even in a supplementary examination,

the candidate should have appeared prior to 14th August, 2008 cannot

be read, if it has not been specified by the respondent. Another reason

not to accept the plea of the respondent University is that there appears

to be no rationale for insisting that a candidate should have passed in

the qualifying examination prior to 14th August, 2008. A deferred

admission is given to the candidates qualifying the qualifying course

after 14th August, 2008. The date of 14th August, 2008 for appearing in

the examination would be relevant if no admission is to be given after

14th August, 2008. However, in case the admission is given on the basis

of the result declared after 14th August, 2008 on account of JNU's policy

for deferred admission, the alleged condition that the candidate should

have passed in all the papers of the qualifying examination prior to 14th

August, 2008 is without any rationale.

15. Learned counsel for JNU has contended that the rationale for

insisting for a candidate to have passed in all the papers prior to 14th

August, 2008 is that such a candidate cannot write that he has

qualified the graduate course. This rationale given by the learned

counsel for the respondent does not appear to be logical because even

those candidates who appear in all the papers or some of the papers

after 14th August, 2008 would also be unable to contend that they have

qualified the graduate course unless their result is declared and they

pass the examination. The deferred admission is given on the basis of

the declaration of the result of the qualifying examination after 14th

August, 2008. If the deferred admission is given on the basis of result

declared after 14th August, 2008, then in these circumstances the

insistence that the candidate should have passed in all the papers prior

to 14th August, 2008 is without any justification and does not have any

nexus for which the alleged classification has been created by the

respondent/JNU. The respondent is unable to show as to how

appearing before 14th August, 2008 sub served any fair and logical

objective as the candidates whose results were declared after said date

had been given deferred admission. The discretionary power of the

respondent had to be exercised keeping in view the purpose for which it

was conferred. The decision to cancel the deferred admission on the

assumption that the petitioner did not appear in all the papers of

qualifying examination prior to 14th August, 2008 is irrational and not

based on sound reason rather no reason has been disclosed except that

the decision has been taken by the respondent in accordance with its

rules. The decision in the facts and circumstances is arbitrary and

cannot be sustained and the deferred admission of the petitioner cannot

be cancelled.

16. In the facts and circumstances, the respondent is unable to

substantiate its plea that the petitioner does not fulfill the eligibility

condition. The petitioner had been granted deferred admission as his

application for deferred admission on 7th August, 2008 was accepted

and even his fees was accepted. Not only in August 2008, the steps for

deferred admissions were completed, even forms for deferred

admissions were allowed to be filled by the respondent in July 2009 and

the Head of the Department of Political Science has endorsed the

necessary admission forms duly counter signed by him. Learned

counsel for the respondent is unable to show as to how the University

shall be prejudice in case the deferred admission of the petitioner is not

cancelled because allegedly he did not appear in one of his subject

paper of qualifying examination before 14th August, 2008. .

17. Therefore, for the foregoing reasons, the writ petition is allowed.

The respondent is directed to admit the petitioner in M.A. (Political

Science) forthwith and allow the petitioner to join the classes

immediately. Considering the facts and circumstances, the parties are

however, left to bear their own costs.

Dasti under the signature of the Court Master

September 18th , 2009. ANIL KUMAR, J.

'Dev'