Vaishnavi Verma vs Central Board Of Secondary ...
2013 Latest Caselaw 3076 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Date of Decision: 19.07.2013

+       W.P.(C) 4378/2013

        ASHWANI KUMAR                                   ..... Petitioner

                          Through:Mr.Ashutosh Dubey with Ms.Vriti
                          Anand and Mr.Abhishek Chauhan, Advocates.

                          versus

        CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) & ORS.

                                                                   ..... Respondents
                          Through: Ms.Ritika Nagpal with Mr.Amit Bansal
                          Advocates for the respondent/CBSE.
                          Mr.J.S.Rupal, Advocate for the respondent/
                          University of Delhi.
                          Mr.Roshan Lal Goel, Advocate for respondent
                          No.3/UOI.

+       W.P.(C) 4511/2013

        VAISHNAVI VERMA                                 ..... Petitioner

                          Through:Mr.J.P.Sengh, Senior Advocate
                          with Mr.Rishi Sehgal, Mr.Amit Khemka,
                          Mr.Sumeet Batra and Ms.Ankita Gupta, Advocates


                          versus

        CENTRAL BOARD OF SECONDARY EDUCATION & ANR

                                                                   ..... Respondents

                          Through: Ms.Ritika Nagpal with Mr.Amit Bansal
                          Advocates for the respondent/CBSE.


WPC 4378/13 and 4511/13                                                     Page 1 of 5
                           Mr.J.S.Rupal, Advocate for the respondent/
                          University of Delhi.

CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                          JUDGMENT

V.K.JAIN, J. (ORAL)

The petitioners before this Court appeared in National Eligibility-cum-

Entrance Test(NEET) 2013 for admission to MBBS/BDS Courses. The result of

the aforesaid test was declared on 5th June, 2013. Vide Notification published in

the newspapers on 1st June, 2013, University of Delhi, Faculty of Medical Science

notified that the Bulletin of Information for admission to MBBS/BDS Courses

under 85% DU quota for the Session 2013-14, based on the marks/merits of

NEET(UG) 2013, would be available from 10th May, 2013 to 10th June, 2013. The

application form could also be downloaded from the website of University as well

as website of Faculty of Medical Science and sent to the Deputy Registrar, Faculty

of Medical Science along with the Demand Draft of prescribed amount. The

grievance of the petitioners before this Court is that since the Bulletin of

Information issued by the Central Board of Secondary Education did not contain

any requirement of applying separately to the University for admission to

MBBS/BDS courses, they were not aware of the aforesaid requirement and

consequently, did not apply to the University within the time limit fixed for this

purpose. Consequent to representation received from various students, the Faculty

of Medical Science, vide decision dated 19th June, 2013 extended the time for

submission of the application forms for admission to the aforesaid courses upto 28 th

June, 2013. This decision was taken considering the representations made by the

candidates/their parents seeking acceptance of application forms beyond 10th June,

2013 on various grounds. The aforesaid decision to extend the date upto 28 th June,

2013, however, was not published in newspaper though it was uploaded on the

website of the Faculty of Medical Science.

2. The petitioners before this Court claim that since they were not in Delhi and

were not in a position to reach Delhi in time, they could not apply to the University

on or before 28th June, 2013. They submit that had they been aware of the

requirement to apply separately to the University, they would not have left Delhi.

They have, on returning to Delhi, applied to the University but their applications

are still pending with the University and they have not been allowed to appear in

the counselling for admission to the aforesaid courses.

3. In my view, since the last date initially fixed by the University for

submission of the application forms was notified in newspapers, the decision to

extend the time upto 28th June, 2013 also ought to have been published in the

newspapers where the initial notice was published. That however has not been

done. Consequently, there is a possibility that some of those who could not apply

upto 10th June, 2013 did not apply thereafter on the assumption that the last date

fixed for the purpose had already expired. There is also merit in the grievance of

the petitioners that the Bulletin of Information issued by CBSE ought to have

contained information with respect to the requirement to apply to the University for

admission to the aforesaid courses.

4. The counselling is scheduled to commence on 22nd July, 2013. The merit list

prepared by the University containing the names of the students who have been

asked to appear in the counseling and prepared on the basis of the applications

received upto 28th June, 2013 has already been uploaded on the website of the

Faculty of Medical Science.

5. Considering the peculiar facts and circumstances stated hereinabove, I am of

the view that not only the petitioner before this Court but all those who have

already applied or who apply by 6.00 p.m. today i.e. 19th July, 2013 should be

permitted to appear in the counselling provided, considering their position in the

merit list, they are otherwise eligible to appear in the counselling.

6. In order to ensure that those who have not yet applied to the University even

after 28th June, 2013 get another opportunity to do so, it is directed that the Faculty

of Medical Science shall upload a notice on its website by 3.00 p.m. today

intimating therein that those who have not applied for admission to MBBS/BDS

courses can collect the application forms and submit the same, complete in all

respects, to the Faculty of Medical Science by 6.00 p.m. today. This direction, in

my view, is necessary considering that those who have not approached this Court

and have also not applied to the University on or before 28 th June, 2013 assuming

that the last date for submitting the application had already expired, also get an

opportunity to apply and are granted equal treatment. The modified merit list, in

terms of this direction shall be uploaded on the website of the Faculty of Medical

Science on 20th July, 2013 and, if possible, a public notice shall be issued by the

University in leading newspapers, requiring those who have applied to the

University for admission to the aforesaid courses to check its website to verify

whether their names find mention in the revised merit list or not. If any student is

unable to furnish the requisite fee in the form of Bank Draft/Pay Order, the Faculty

of Medical Science will accept the fee, in cash from him/her upto 6 p.m. today.

The petitions stand disposed of.

A copy of this order be given dasti to the parties under the signature of the

Court Master.

V.K. JAIN, J

JULY 19, 2013 ks