Kiran Babbar And Ors vs Sh. Aurobindo College (Eve.) And ...
2013 Latest Caselaw 5614 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                         Date of Decision: 03.12.2013

+       W.P.(C) 7193/2012
        KIRAN BABBAR AND ORS                             ..... Petitioner
                         Through: Mr Yogesh Kumar, Adv.
                         Versus
        SH. AUROBINDO COLLEGE (EVE.) AND ANR ... Respondent
                         Through: Mr Rajender Dhawan, Adv for R-1
                         Mr Mohinder J.S. Rupal, Adv for Delhi
                         University
+       W.P.(C) 7536/2012
        PAYAL PAUL & ORS                               ..... Petitioners
                         Through: Mr Raj Kapoor, Adv.

                                 versus

    SRI AUROBINDO COLLEGE EVE. AND AN ..... Respondents
                   Through: Mr Rajender Dhawan, Adv for R-1
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                                    JUDGMENT

V.K.JAIN, J. (Oral)

The petitioners before this Court applied for admission to the

undergraduate courses in the University of Delhi, in the academic year

2012-2013. In terms of the procedure adopted by the University, the

candidates were required to fill up an OMR form, which was to be

deposited at the designated centres of the University. The candidates

submitting the OMR form were required to bring one photocopy of the

said form. The person receiving the form would put a sticker number on

the original OMR form as well as on its photocopy. He would sign the

photocopy bearing the said number and hand it over to the candidate.

Thereafter, the candidate was required to submit the said photocopy

with stickers stamp, as acknowledged by the receiving centre, to the

concerned college, at the time of seeking admission.

2. In W.P. (C) No. 7193 of 2012, there are 9 petitioners. They

submitted their respective OMR forms to the University of Delhi and

thereafter took admission in Sri Aurobindo College (Evening) in the

academic year 2012-2013. The college required them to submit the

photocopy of their OMR form duly acknowledged by the University at

the time of receiving the said form. They, however, failed to submit the

said original photocopy bearing the acknowledgement from the

University. The admissions, given to the petitioner were, therefore,

cancelled by the college. Being aggrieved, they are before this Court

seeking quashing of the communications, whereby their admissions

have been cancelled and a direction to the college to permit them to

attend the classes.

3. On the directions of the Court, University of Delhi has furnished

the original OMR forms submitted by six petitioners, namely, Bahul

Kumar, Kiran Babbar, Sonali Kumari, Chandan Kumar, Payal Paul and

Puja Sarkar. The University of Delhi had got all the OMR forms

submitted to it digitized and CD of the said OMR forms was sent by the

University to all the colleges. It was also uploaded on the website of the

University. The printouts in respect of the remaining petitioners,

namely, Heena, Kadim Alam, Jitendra Kumar Tiwari and Anita have

been filed by the University along with a covering letter dated

29.11.2013. As regards Kiran Babbar, Anita, Sonali Kumari, Abhishek

Bisht, Jitender Kumar Tiwari and Roshan Singh, petitioners in W.P.(C)

No. 7193 of 2012, the learned counsel appearing for the college states,

on instructions, that the college is withdrawing the cancellation orders.

They are already studying pursuant to the interim order passed by this

Court. As regards Bahual Kumar-petitioner No. 9, Heena- petitioner

No. 3 and Kadim Alam-petitioner No. 6 in W.P.(C) No. 7193 of 2012

and Payal Paul, Puja Sarkar and Chandan Kumar petitioner in W.P.(C)

No. 7536/2012, a perusal of the OMR forms produced by the University

in the Court would show that none of them applied for admission to Sri

Aurobindo College. Shri Bahual Kumar submitted application form

bearing serial No. 12057400, Heena submitted application form bearing

serial No. 12101979, Kadim Alam submitted an application form

bearing serial No. 12033092, Payal Paul submitted application form

bearing serial No. 12021540, Puja Sarkar submitted application form

bearing serial No. 12020042 and Chandan Kumar submitted application

form bearing No. 12065452. In none of them, the circle has been

darkened against the name of this college.

4. Since the above-referred six petitioners did not apply for

admission to Sri Aurobindo College, they are not entitled to continue

their studies in the said college. In the photocopy of the OMR forms

submitted to the college, the above-referred six petitioners were shown

to have applied for admission inter alia to Sri Aurobindo College

(Evening). It thus appears that the above-referred six petitioners

submitted a false photocopy of the OMR form to the college, for the

purpose of taking admission, though they had not opted for the said

college at the time they submitted the OMR form to the University. The

above-referred six petitioners, therefore, obtained admission by

fraudulent and unfair means, after tampering with the photocopies of the

OMR form which the University would have given to them while

receiving the original form from them. The aforesaid petitioners cannot

be allowed to take advantage of the unlawful act committed by them for

taking admission to the college. Therefore, no valid ground for quashing

the order cancelling the admission of the above-referred six petitioners,

namely, Shri Bahual Kumar, Heena, Kadim Alam, Payal Paul, Puja

Sarkar and Chandan Kumar, is made out.

5. The writ petitions, therefore, are disposed of with the direction

that Kiran Babbar, Anita, Sonali Kumari, Abhishek Bisht, Jitender

Kumar Tiwari and Roshan Singh, shall be entitled to continue their

studies in Sri Aurobindo College, whereas the remaining six petitioners

Shri Bahual Kumar, Heena, Kadim Alam, Payal Paul, Puja Sarkar and

Chandan Kumar, will not be entitled to continue their studies, they

having taken admission on the basis of tampered documents and having

deceived the college by misrepresenting that they had in the OMR form

sought admission also to the said college.

The writ petitions stand disposed of.

The original OMR forms brought by the learned counsel for the

petitioner have been retuned and their photocopies have been retained

on record.

V.K. JAIN, J DECEMBER 03, 2013 BG