Delhi High Court
Sandali Sharma Through Sh. ... vs Delhi University And Ors on 30 August, 2018
#44
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 30.08.2018
W.P.(C) 6937/2018, CM APPL 26322/2018
SANDALI SHARMA THROUGH SH. PRAVEEN KUMAR SHARMA
(GAURDIAN) ..... Petitioner
versus
DELHI UNIVERSITY AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Rachana Chhiber, Advocate.
For the Respondents : Mr. Amit Bansal and Ms. Seema Dolo, Advocates for
R-1.
Ms. Isha Mital and Mr. Apoorv Kurup, Advocates for
R-2.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present petition instituted under Article 226 of the
Constitution of India prays as follows:-
a) To allow the present writ petition under article 226
of Constitution of India, 1950 for issuance of writ of
mandamus or any other writ, order and direction to the
respondents to admit the petitioner in the batch of
2018-2019 in the course namely Bachelor of Science in
Physical Education, Health Education and Sports in
Deshbandhu college/respondent no. 2 in the interest of
justice;
b) To direct the Respondents to reserve a seat for the
petitioner till the outcome of the present writ petition.
c) Pass any other or further directions(s)/order(s) in
favour of Petitioner and against the Respondents that
may be deemed just and proper in the facts and
circumstances of the present writ petition.
2. Although, the petitioner has secured more than 86.25 percent
marks in Class 12th examinations conducted by the U.P. Board, she
was unfortunately misled by an individual, working at a local cyber
cafe, whose assistance she had sought, for filing her application
online, for admission in Undergraduate Courses offered by the
University of Delhi.
3. It is the petitioner's assertion that, the said individual after
receiving the requisite amount from the petitioner, informed the latter
that her application had been submitted online and that the process for
submission of her application for admission had been completed.
4. It is the petitioner's assertion that, on account of the
circumstance that, she is not computer literate, she reposed faith in the
said individual.
5. Resultantly, after the publication of the third cut-off list, the
petitioner realized that although, she had secured the requisite
percentage, she was not considered for admission by the official
respondents, on account of the circumstance that, the latter had not
received her registration form and requisite fee online.
6. Aggrieved by the denouement, the petitioner has filed the
present proceeding, essentially seeking a direction to the University of
Delhi to grant her admission in the course of Bachelors of Science,
Physical Education for the academic session 2018-19.
7. This Court had issued notice on the petition, essentially
requiring the University of Delhi to place on record the correct
position with respect to the petitioner's application for admission.
8. The University of Delhi has filed a short affidavit stating therein
that, the petitioner neither has filed an application nor has deposited
the requisite fee therefor, in accordance with the bulletin of
information furnished by them.
9. In this backdrop, it is urged on their behalf that, the petitioner
cannot be granted admission to the University of Delhi since she has
not complied with the conditions whereunder admissions are granted.
10. The above position is not refuted by learned counsel appearing
on behalf of the petitioner. It is, however, urged that, since the
petitioner possess the requisite merit, she ought to be considered for
admission to the subject course.
11. I regretfully deny her request to do so, in view of the facts and
circumstances of the present case, elaborated herein above.
12. It is unfortunate that, the petitioner was misled by the said
person who is a complete stranger. However, that cannot be a ground
for this Court to direct the University of Delhi to grant the petitioner
admission, only on the basis that she possessed the requisite
percentage because she failed to fulfil the conditions provided in the
bulletin of information issued by the University of Delhi and
resultantly, was unable to file an application form complete in all
respects online, as mandated thereunder.
13. In view of the above foregoing, the writ petition is dismissed.
The pending application disposed of.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 30, 2018
p'ma
