Delhi High Court
Jyotika Bhalla vs University Of Delhi And Anr on 31 August, 2012
Author: G. S. Sistani
86
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5352/2012
% Judgment dated 31.08.2012
JYOTIKA BHALLA ..... Petitioner
Through: Mr.R.K. Saini and Mr.Arvind Kumar, Advs
versus
UNIVERSITY OF DELHI AND ANR ..... Respondent
Through: Mr.M.J.S. Rupal, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
W.P.(C) 5352/2012 & CM.10924/2012
1. By the present writ petition petitioner seeks a writ of certiorari quashing
the action on the part of respondent in not considering the petitioner for
admission against vacant seat in M.Com(Regular Course) session 2012-
13, despite her being an effective candidate in the waiting list. A
direction is also sought commanding the respondent to forthwith hold
counselling with respect to the vacant seat in M.Com. The petitioner
belongs to the general category. According to this writ petition the total
number of seats allotted in the M.Com are 359, 190 seats are earmarked
for General category candidates. The entrance test was conducted on 17 th
June 2012. The first round of counselling was conducted on 28-
29/06/2012 and the students who qualified took admission in the said
course as per the merit list and a waiting list was also prepared in which
the petitioner was placed at serial No.72. According to the petitioner even
as of today seats are lying vacant. Accordingly it is prayed that the
counselling be held and the vacant seat be filled up.
2. Counsel for the University submits on instructions that a schedule of dates
has been prescribed and finds mention on the last page of M.Com
handbook of information, according to which 23rd July 2012 was fixed as
the last date for admission and the classes were to begin from that date. It
has also been stated in the handbook of information that only if seats exist
would a second round of counselling be conducted. Mr. Uppal submits on
written instructions that as on 23rd July 2012 all the seats were filed up
thus no second counsellilng was held. Mr.Rupal, further submits that all
OBC seats were also filled up so there was no scope for conversion of
seats in the general category. It is also submitted that only admissions
made after the due date, were sports category admissions whose test were
held late and the admission in these category are mandatory. Even
otherwise the last date fixed for all admissions in all categories is 31st July
2012. The only exception this year was for OBC/SC/ST admissions for
which last admission was held on 10th August 2012. It is contended that
the classes last for 15 weeks out of which 6 weeks are over.
3. Mr.Rupal, counsel for the respondent also submits that since 67%
attendance is compulsory so any student who is given admission this year
would not derive any benefit as he /she would not be allowed to appear in
the examination. Even otherwise any vacant seat subsequent to the last
date is to be kept for those students who fail in the first year and are to be
re-admitted.
4. Another aspect which has been highlighted by Mr.Rupal, counsel for the
respondent is that there are 18 colleges which offer the M.Com course and
at the moment, the University is not aware as to how many seats are
available and in which college. Even otherwise, in case a single seat is
available, fresh counseling will have to be done as every student would
have a right to participate in the counseling and to seek admission in a
college of his choice. It is also submitted that since today is the last date
for closing the admission, it would be practically impossible to inform all
the students, who are in the waiting list and more so, it may give a handle
to the colleges to make back door admissions and meritorious students
may be left out.
5. I have heard counsel for the parties and considered their rival contentions.
There is force in the submission made by counsel for the University that
on the last date for closing of admissions, in case admission is opened and
the colleges are allowed to fill up the vacant seats, it would lead to
confusion and there would be no way to check as to whether the wait
listed students have been informed or not and there is every likelihood
that the colleges may take advantage of the situation and admit
undeserving students for various reasons. In my view, there would be no
time to direct colleges to produce list of candidates in the waiting list to
enable the university to over-see the admission procedure and to ensure
that all the wait listed candidates are informed of the vacant seats, and
hold counselling, which will have to be held for all the students and not
restricted only those who are in the waiting list, as option has to be given
to a candidate to opt for a college of his choice depending on his merit.
6. The court can also not lose track of the fact that respect is to be given to
the cut off dates, which are fixed as per the university calendar and classes
have already begun. However, this situation of seats remaining unfilled
is not new, as Mr.Saini, counsel for the petitioner, has also contended that
even in the year 2010, as late as on 27.08.2010 a notice was affixed on the
notice board of Department of Commerce, Delhi School of Economic,
informing the students that few seats were available.
7. On the one hand students seeking admission to colleges are begging to the
institutions for admissions and on the other hand vacant seats go awaste.
In my view, this is a complete loss of national resources, which should not
be allowed to be wasted.
8. Accordingly the University is directed to form a Committee to examine
the issue raised in this writ petition to ensure that as far as possible all the
seats are filled up, in order of merit, as this issue is bound to re-occur
every year during admissions.
9. Today being the last date for closing of admissions, it would be virtually
impossible to direct the University to conduct counselling. Thus no relief
can be granted to the petitioner. Accordingly, the petition and the
application stand dismissed.
G.S.SISTANI, J
AUGUST 31, 2012
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