Delhi High Court
Madhu Joshi vs University Of Delhi And Ors. on 9 August, 2018
#64
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 09.08.2018
W.P.(C) 8259/2018
MADHU JOSHI ..... Petitioner
versus
UNIVERSITY OF DELHI AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Tarun Narang, Advocate along with Ms. Madhu Joshi,
Petitioner-in-person
For the Respondents : Mr. Mohinder J.S. Rupal, Advocate for R-1
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present writ petition under Article 226 of the Constitution of
India prays as follows:-
"In view of the facts and circumstances stated above it is
prayed that this Hon'ble Court may be pleased to:
1. Issue direction, writ or order to respondent No.1 & 2
to restore the admission of the candidate/petitioner in
M.A. Sociology Programme.
2. Issue direction, writ or order to quash the
acknowledgement slip dated 30.07.2018 which states
the admission status as "Admission cancelled on
Applicant's/Petitioner's Request."
2. The brief facts, as are necessary for the adjudication of the present
petition are adumbrated as follows:-
a) The petitioner having secured B.A. (Programme) Degree from
the respondent No.1 (hereinafter referred to as the 'University
of Delhi', applied for admission to M.A. (Sociology) in both
'Entrance' and 'Merit Category'.
b) The petitioner's name was reflected in the first admission list,
published by the University of Delhi for M.A. (Sociology) in
the 'Merit Category'.
c) It is an admitted position that, the petitioner did not qualify for
admission to the course of M.A. (Sociology) in the 'Entrance
Category' on merit.
d) The petitioner in pursuance to the first admission list, deposited
the course fee for M.A. (Sociology) on 27.07.2018, with the
Department of Sociology, University of Delhi.
e) Subsequent thereto, on 30.07.2018, the petitioner was informed
that her admission had been cancelled at her request.
f) It is the said communication dated 30.07.2018, which is
essentially impugned in the present proceeding.
g) It is the grievance of the petitioner that, since she had been
granted admission in M.A. (Sociology), as aforestated, and her
admission to the subject course has been cancelled unilaterally
thereafter by the University of Delhi, without assigning any
reason. The cancellation, it is urged, is bad per se, in view of
the circumstance that, although the reason assigned by the
University of Delhi is that the petitioner herself had requested
the respondent No.2 to cancel her admission, she had never
actually requested for the same.
3. Issue notice.
4. Mr. Mohinder J.S. Rupal, learned counsel appearing on behalf of
the respondent No.1/University of Delhi on advance notice, has handed
over in Court today, the relevant documents in relation to the
cancellation of the petitioner's admission in M.A. (Sociology).
5. The above documents have been canvassed in order to buttress the
stand of the University of Delhi, to the effect that, only those who have
obtained a B.A. (Hons.) degree in Sociology examination conducted by
them, are entitled to be considered for admission to M.A. (Sociology) in
the 'Merit Category'. The other candidates, like the petitioner, who do
not have a degree in B.A. (Hons.) Sociology, are entitled to admission
only under the 'Entrance Category'.
6. Mr. Mohinder J.S. Rupal, learned counsel appearing on behalf of
University of Delhi would further state that, the petitioner has failed to
secure the requisite percentage of marks needed for admission in the
'Entrance Category'; and also that, her admission under the 'Merit
Category' was owing to an inadvertent mistake on their part, owing to
the circumstance that the petitioner, while submitting her form online,
had stated her educational qualifications to be B.A. (Sociology) +
(Economics). In other words, it is urged on behalf of Mr. Rupal that, had
they not been mislead by the petitioner's form which stated that, she had
a B.A. Degree in Sociology + Economics, which they mistakenly
construed as B.A. (Hons.) Degree in Sociology; they would not have
granted admission to the petitioner in M.A. (Sociology). Mr. Rupal,
further states that, a perusal of the first admission list alluded to
hereinabove for M.A. (Sociology), clearly provides a disclaimer to the
effect that "The candidate cannot claim her/his right for admission to
any programme even after appearing on the admission list of the
programme if she/he fails to satisfy the minimum eligibility requirement
of the respective programme in which he/she is seeking admission and
satisfying other University Admission Rules."
7. It is, therefore, urged on behalf of the University of Delhi that the
petitioner, who has a B.A. (Programme) Degree in contradistinction to
B.A. (Hons.) Degree in Sociology, is barred by Rules from being granted
admission to M.A. (Sociology), under the 'Merit Category'.
8. In rebuttal thereto, it is vehemently urged on behalf of the
petitioner that, the University of Delhi cannot be absolved for their
mistake and are estopped by law from cancelling the petitioner's
admission to M.A. (Sociology).
9. I find myself unable to agree with the contention made on behalf
of the petitioner. In the first place, having perused the relevant Rules and
Regulations, there can be no manner of doubt that, only a candidate, who
has obtained B.A. (Hons.) Degree in Sociology is entitled to admission
to M.A. (Sociology) in the 'Merit Category'.
10. In this behalf, it is trite to state that there can be no estoppel
against the law, if the extant Rules and Regulations require and prescribe
an eligibility criterion, a candidate cannot be heard to say that he/she is
entitled to retain her admission, even if the admission has been made,
owing to an inadvertent mistake on behalf of the University of Delhi.
Furthermore, the petitioner having applied under both the 'Entrance
Category', as well as, 'Merit Category', has not been able to obtain the
requisite rank and secure the necessary marks to be granted admission
under the 'Entrance Category'. That being so, the petitioner in view of
the circumstance that, she has secured only a Degree in B.A.
(Programme) issued by University of Delhi, cannot claim admission to
the M.A. (Sociology) course in the 'Merit Category', where the threshold
eligibility prescribed is B.A. (Hons.) Degree in Sociology, obtained from
the University of Delhi.
11. On a specific query from the Court, in relation to the relief of
compensation for mental agony and harassment faced by the petitioner,
learned counsel appearing on behalf of the petitioner states that, the
University of Delhi must compensate her by granting her admission in
M.A. (Sociology).
12. The said contention is rejected, inasmuch, compensation for
damages sustained is an alternative relief and cannot be the principal
relief which has been prayed for in the petition.
13. No other point was urged before this Court.
14. In view of the foregoing discussion, the present petition is devoid
of merit and is accordingly dismissed.
15. Needless to state that, the University of Delhi is directed to refund
the fees deposited by the petitioner, in relation to the admission in M.A.
(Sociology) Course forthwith.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 09, 2018
dn
