Delhi High Court
Bhavya Singh Naruka vs University Of Delhi And Anr. on 21 February, 2019
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 21st February, 2019
+ W.P.(C) 7781/2018 & CM APPL. 32141/2018
BHAVYA SINGH NARUKA ..... Petitioner
Through: Mr. Puneet Jain and
Mr. Abhinav Gupta, Advs.
versus
UNIVERSITY OF DELHI AND ANR. ..... Respondents
Through: Ms. Seema Dolo, Adv. for
Mr. Amit Bansal, Adv. for
University of Delhi
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
% J U D G M E N T (ORAL)
1. Arguments in this matter were heard in part on 13th February,
2019.
2. The matter was listed, thereafter, on 15th February, 2019, when
it was passed over for non-appearance of Respondent No.2, and could
not be taken up on second call owing to paucity of time.
3. The matter was again listed on 18th February, 2019, and was
called out twice at the end of the Board. The order of the said date also
discloses non-appearance on behalf of Respondent No. 2.
4. Today, again, Respondent No. 1 and the petitioner are
represented and there is no appearance on behalf of Respondent No. 2.
Accordingly, having heard learned counsel, I am proceeding to decide
the writ petition.
5. The petitioner claims to be a sportswoman, proficient in the
sport of shooting (air pistol).
6. Consequent to passing her XII standard examination, the
petitioner sought admission in the Respondent No.2-College
(hereinafter referred to as "the College"), in the B.A. (Programme),
conducted by the College under the sports quota.
7. It may be noted that the College had advertised 45
supernumerary seats under the sports quota, against one of which the
petitioner lays her claim.
8. In response to a query by the Director (Physical Education) of
the Delhi University Sports Council, seeking information on the actual
number of seats in various sports/games in the College, to which
admissions were being made in the sports quota in the under-graduate
programme for the Academic Session 2018-2019, the college replied
vide the following communication, dated 20th March, 2018:
"Department of Physical Education and Sports Sciences
Hans Raj College
University of Delhi
Mahatma Hans Raj Marg, Malka Ganj, Delhi-110007
March 20, 2018
To
The Director
Physical Education
Delhi University Sports Council
Polo Ground, New Delhi
Sub: Number of Seats under Sports Quota
(Supernumerary)
Dear Sir,
This is in reference to you letter no. DUSC / 2018
/1014. dated on 13th March 2018, seeking information on
actual number of seats in various sports/games in our
college for the admission under sports quota in under-
graduate progranmme 2018-19.
The requirement of scats under sports quota is as follows:
S. Game/Sports Position/Event Seats in Sports Quota
No.
In In Figures
Words
01 Shooting Air Rifle (Men) Two 02
(Women)
Air Pistol (Men) Two 02
(Women)
02 Archery Indian Round Three 03
(Men)
(Women)
Compound Two 02
(Women)
Recurve (Men) One 01
03 Swimming Free Style (Men) One 01
Back Stroke One 01
(Men)
Butterfly (Men) One 01
Back Stroke One 01
(Women)
Breast Stroke One 01
(Women)
04 Basketball Guard One 01
Centre Two 02
Forward Two 02
05 Tennis Men Two 02
06 Squash Men Two 02
07 Chess Men Two 02
08 Badminton Men Two 02
Women Two 02
09 Table Tennis Men Two 02
Women Two 02
10 Yoga Men Two 02
11 Football Striker One 01
Stopper One 01
Goalkeeper One 01
Total 45
Thanking You,
Yours faithfully,
Sd/- Sd/-
Dr. M.P. Sharma Dr. Rama
(Associate Professor) (Officiating Principal)
Hans Raj College, Delhi"
9. A reading of the above document makes it clear that two seats
were reserved in the sports quota for girl students, seeking admission
on the basis of proficiency in the sport of Shooting (Air Pistol).
10. On 26th June, 2018, trial took place, for students seeking
admission on the basis of their proficiency in shooting with air pistol,
in which the petitioner also participated. Consequent thereupon, two
selection lists were issued. In the second selection list, which was
issued on 14th July, 2018, the petitioner's name figured as having been
selected against one of the two seats reserved for girl students.
11. The said list, dated 14th July, 2018, including the list of students
selected against various sports, merits reproduction, in extenso, thus:
"Hansraj College
Admission 2018-19
July 14, 2018
The following candidates have been selected for
admission on the basis of sports. They are required to
report to the undersigned with their original and one set
photocopy of the below mentioned documents on 16 July
2018, 9:30 AM at sports room.
1-Two Passport Size Photo
2- 10th Board Mark Sheet / Certificate
3-12th Board Mark Sheet
4- Provisional Certificate
5- Character certificate
6- Migration certificate
7- Transfer Certificate
8- Sports Certificate (Which was uploaded)
9- Parents / Guardian Photo ID Proof
Note: - The Candidates Must Accompany with their
Parents / Guardian
The admission will be subjected to verification of
the documents and minimum eligibility criteria.
This list is valid from 16th July.2018 to 17th July
2018 till 1:30 PM
BASKETBALL (MEN)
S. Name/ Position/ Course Certificate Trial Total
No. Event Marks Marks
Reg. No.
1. Vishwas Guard Comp 27 49.33 76.33
Gulia SCI
180156429
2. Harsh Rao Centre BAP 27 48.33 75.33
180353021
3. Sarthan Forward B.Com 25 43.66 68.66
Gosain (H)
180079549
ARCHERY (WOMEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
1. Arushi Compound ECO(H) 21 50.3 71.3
Saxena
180226572
BADMINTON (MEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
1. Nikhil - B.A.P 08 60 68
Mahlawat
180325435
SHOOTING (MEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
1. Ritesh Air B.A.P 19 57.18 76.18
Tanwar Rifle
180086297
SHOOTING (WOMEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
1. Swati Air History 19 57.6 76.6
Kadiyan Rifle
180025865
2. Bhavya Air B.A.P 19 43.1 72.1
Singh Pistol
Naruka
TENNIS (MEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
TOMAR
180102998
SHOOTING (WOMEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
CHAWLA
180011648
YADAV stroke
180112546
FOOTBALL (MEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
BHAKER
180039775
SINGH Keeper
180017675
TABLE-TENNIS (MEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
1. HARSH - B.A.P 19 52.5 71.5
SRIVASTAVA
180310552
2. SUNIL - HINDI 19 46.5 65.5
KUMAR (H)
180288202
TABLE-TENNIS (WOMEN)
S. Name/Reg. Position/ Course Certificate Trial Total
No. No. Event Marks Marks
1. JIYA - B.(COM)(H) 27 49.5 76.5
JAIN
180054899
2. ISHIKA - B.COM(H) 27 49.5 76.5
AJMANI
180312841
Sd/- Sd/- Sd/-
(Dr. M.P. Sharma) (Dr. Sharmial Srivastava) (Dr.Monica
Dinodia)
Convener Convener Convener
Sports Admission Arts & Commerce Sciences
14.07.2018
Sd/-
Dr. Rama
Officiating Principal"
12. The petitioner's grievance is that despite her name having
figured in the aforementioned list, as having been selected for
admission, on the basis of proficiency in air pistol shooting, she was
refused admission, by the College, on 17th July, 2018, on the ground
that all seats in the B.A. (Programme) stood filled.
13. On the said date, the aforementioned second list, dated 14th July,
2018, was also withdrawn, by the College, by way of a Corrigendum,
which reads; "The second list for the sports category in the B.A.
(Programme) has been withdrawn with immediate effect due to
inadvertent mistake. Inconvenience is regretted".
14. The writ petition takes exception to the aforementioned
decision, of the College, to withdraw the second list, pointing out the
fact that two seats had expressly been reserved, for girl students,
seeking admission on the basis of proficiency in shooting with air
pistol and that, therefore, there was no occasion or justification for the
College to withdraw the said list.
15. Consequent to issuance of notice, counter affidavits have been
filed by the University of Delhi as well as by the College. The counter
affidavit of the University of Delhi does not answer any of the
contentions of the petitioner, though it draws attention to Clause 9.10
of the Bulletin of Information of the University, which reads thus :
"9.10 Sports/ECA Quota (Supernumerary Seats)
It is mandatory for Colleges to provide sports facilities
and encourage all students to participate in sports and
extracurricular activities by introducing inter-class
competitions and mass sports.
The existing provision of not more than 5% Sports/ECA
quota (subject-wise) be continued. The Colleges should
be free to decide the actual number of seats to be filled on
sports basis (not more than 5%) keeping in view the
facilities available, requirement of the College and other
relevant factors. The Colleges are encouraged to provide
the information on their website well in advance.
The guidelines for Admissions under Sports/ECA
categories will be carried in accordance with the
guidelines notified by the University from time to time."
16. The College, for its part, has adopted a stand that, against the
B.A. (Programme), only three seats were available for sports quota
admissions and that, having admitted fifteen students against the
sports quota in the B.A. (Programme) in the first admission list, the
said quota of three seats already stood exhausted, which was why they
had withdrawn the second admission list.
17. This submission is predicated on the premise that the College
could not have admitted more than 5% of the sanctioned number of
seats available in the B.A. (Programme), as there was a 5% subject-
wise cap, on admissions of students against sports quota. This
premise is, in turn, based on Clause 9.10 of the Bulletin of Information
issued by the University (supra).
18. The "guidelines for admissions under Sports/ECA categories",
as notified by the University, to which the last sentence in Clause 9.10
of the Bulletin of Information makes reference, are, in turn contained
in Clauses 9.10.1 and 9.10.2 of the said Bulletin of Information. Of
these Clauses, Clause 9.10.2 reads thus:
"9.10.2 Guidelines for admission on the basis of Sports
The Colleges shall notify well in advance, the total
number of seats under Sports Quota (supernumerary)
alongwith requirement of sportspersons in different
Games/ Sports with the respective Position / Event /
Weight Category on their College Website and Notice
Board. The same would also be notified on the website of
University of Delhi. All the constituent Colleges will
follow the below mentioned guidelines for admission on
the basis of Sports in Undergraduate Programmes:
1. The applicants are required to register themselves
and fill online application form available on the DU UG
Portal.
2. The charges for registration will be Rs.100/- per
game/sport in addition to the charges for the main
University registration/application. The admission on the
basis of sports will be based on: (a) Super Category:
Direct admission without Sports Trial (b) Admission on
the basis of Sports Trial. The list of Game/Sport of the
constituent Colleges is given in Annexure VI and the list
of Position/Event/Weight Category of Game/Sport of the
constituent Colleges is given in Annexure VII."
19. It is clear, therefore, that the guidelines for admission on the
basis of sports, as issued by the University itself, does not contemplate
a subject-wise cap against admissions of students on the basis of
proficiency in various sports.
20. Ms. Seema Dolo, learned counsel appearing for the University,
is also unable to assist in this regard, and submits that her instructions
are only that, probably, such a subject-wise cap was being adopted in
earlier years.
21. This assertion of Ms. Dolo is refuted by Mr. Puneet Jain,
learned counsel for the petitioner, who draws attention, in this context,
to the list of the candidates selected for admission by the college, on
the basis of sports, for the 2017-2018 academic session, as issued on
15th July, 2017, which indicates that, against the B.A. (Programme),
twenty-two students had been selected, of which four had been
selected under the Archery quota for men and women, four under the
Basketball quota for men and women, two under the Badminton quota
for men and women, one under the Chess quota for men, two under
the Swimming quota for men, one under the Swimming Olympian
direct admission quota, two under the Shooting Air Pistol quota for
men and women, three under the Shooting Air Rifle quota for men and
women, two under the Shooting TRAP direct admission quota for men
and one under the Table-Tennis for men/women. As such, Mr. Jain
submits, the contention of the College that it had to withdraw the
second admission list, and was handicapped from granting admission
to the petitioner on account of its having exceeded the quota of three
seats available for admission of women students under the Shooting
(Air Pistol) category, is completely misconceived on facts and law.
22. Mr. Jain also submits that, as a matter of fact, the seats reserved
for admission of women students on the basis of proficiency in
shooting with air pistol, continue to remain vacant and could not be
filled.
23. In the absence of any appearance on behalf of the College and
on the basis of the material on record, it appears that the contention of
the petitioner is well founded. The guidelines applicable for effecting
admissions under the sports quota do not indicate that there was a cap
on the number of seats reserved subject-wise, for various sports.
Rather, the use of the word "Supernumerary" itself indicates that these
seats were in excess of the sanctioned strength of seats in the College.
The second admission list, issued by the College, clearly showed that
the petitioner had been selected for admission against one of the seats
reserved for women students on account of proficiency in Shooting
using air pistol. The withdrawal of the said list having been based on
the premise that only three seats, constituting 5% of the number of
sanctioned seats for the B.A. (Programme), were available for
admission of students against the sports quota, was obviously
misconceived.
24. In view of this judgment, the petitioner would be entitled to
admission to the B.A. (Programme) in the College, consequent on the
selection list dated 14th July, 2018 (supra).
25. Owing to her non-admission by the College, the petitioner has, I
am informed, undertaken the first year course in B.A. (Programme) in
the Indraprastha College for Women. Mr. Jain submits that she
would, therefore, apply for migration to the College, and seeks a
direction to the college to consider her application for migration
uninfluenced by the cancellation, by the College, of the second
selection list which was issued by it on 14th July, 2018.
26. I am of the view that this relief necessarily has to be granted in
view of the discussion hereinabove.
27. Accordingly, the petitioner would be entitled to apply for
migration to the College, in the second year of B.A. (Programme)
conducted by it, consequent to her having been selected for admission
to the said programme, as reflected in the selection list issued by the
College dated 14th July, 2018, having been wrongfully denied
admission to the said course.
28. On such an application being made, the College is directed to
process and consider the application, uninfluenced by the fact of the
withdrawal, by it, of the selection list, issued by it on 14th July, 2018,
which is therefore quashed, and treating the said selection list as
continuing to be in operation.
29. The writ petition stands allowed to the above extent, with no
order as to costs.
C. HARI SHANKAR, J
FEBRUARY 21, 2019
dsn/bh
