Delhi High Court
Nuvorish Paul Through Mother Asha ... vs University Of Delhi And Anr. on 13 July, 2018
#68
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 13.07.2018
W.P.(C) 7207/2018, C.M. No.27431/2018
NUVORISH PAUL THROUGH MOTHER ASHA BISHNOI
.... Petitioner
versus
UNIVERSITY OF DELHI AND ANR. ... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Nishant Bishnoi, Advocate
For the Respondents : Mr. Mohinder JS Rupal, Advocate for DU
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present petition instituted on behalf of the petitioner under Article
226 of the Constitution of India, prays as follows:
"a) issue an appropriate writ, order or direction to
the Respondent University to consider the Petitioner's
admission form under Sports Quota;
b) issue an appropriate writ, order or direction to
the Respondent University to consider the Petitioner
for Football Trial."
2. The petitioner is aggrieved essentially by the non-consideration of his
admission in the sports quota.
3. The petitioner states that he participated in the World Schools
Championship Football 2017 organised by International School Sport
Federation and places reliance on a certificate issued in this behalf by
the School Games Federation of India.
4. By a Press Release dated 10.05.2018, issued by the University of
Delhi, admissions to Ph.D, M. Phil, Post Graduate Programmes and
Under Graduate Programmes for the academic year 2018-19, were
announced. It was stipulated in the said Press Release that the
registration process of all the above programmes would be
completely online for all categories and for all quotas.
5. The petitioner is stated to have filled his admission form in May 2018
for an under graduate programme 2018-19, in the category of sports
quota, on the strength of the certificate issued by the School Games
Federation of India. Although, it is not so averred in the petition but
it is asserted at the Bar that the petitioner checked his application
form online on 21.06.2018, in order to acquaint himself with the dates
for trial for Football. It is then that the petitioner realised that, he had
not been asked to participate in the trials, on account of the
circumstance, that the said certificate had not been considered by the
University of Delhi.
6. The petitioner states that he addressed a mail to the University of
Delhi on 25.06.2018, asking the latter to provide more information as
to why the said certificate had not been considered eligible.
7. On the very same day, the petitioner was informed by the University
of Delhi that the process of submission of grievances online, on the
portal of Under Graduate Sports Grievances, which had commenced
on Friday, 15.06.2018 stood closed on 19.06.2018 at 3:00pm.
8. Aggrieved by the non-consideration of the certificate, the petitioner
seeks a direction to the University of Delhi to consider the petitioner
under the sports quota, on the strength of the certificate issued by the
School Games Federation of India and to invite him for the Football
Trial.
9. Mr. Mohinder JS Rupal, learned counsel appearing on behalf of the
University of Delhi states that, the trials for Football have been
conducted as far back as on 25.06.2018 and in view thereof, the
petition has been rendered infructuous.
10. A consideration of the above facts and circumstances would reveal
that, the petitioner has been rather lackadaisical in pursuing his
admission under the sports quota with the University of Delhi at all
stages, including the stage of submission of online UG Sports
Grievances related to Marks/Participation Sports Certificate 2018.
11. Admissions under the sports quota, subsequent upon the conduct of
trials began on 06.07.2018. Football being a team sport, it is not
possible at this belated stage to turn the clock back and direct fresh
Football Trials for the petitioner alone. Even otherwise, the
explanation offered on behalf of the petitioner for the delay in
asserting his rights has not been cogently or satisfactorily explained.
12. It would be trite to state that this Court in a writ petition under
Article 226 of the Constitution of India does not come to aid of a
litigant who awakes from deep slumber belatedly at the eleventh
hour, at a time when the academic session is about to commence.
13. In view of the foregoing, the present petition is devoid of any merit
and is disposed of accordingly. Pending application also stands
disposed of accordingly.
SIDDHARTH MRIDUL
(JUDGE)
JULY 13, 2018
as
