Delhi High Court
Aaditi Sharma & Ors. vs University Of Delhi Through Its ... on 3 February, 2021
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 3rd February, 2021
+ W.P.(C) 10453/2020
AADITI SHARMA & ORS. ..... Petitioners
Through: Mr. Abhinav Sharma, Advocate.
versus
UNIVERSITY OF DELHI THROUGH
ITS VICE CHANCELLOR & ORS. ..... Respondents
Through: Mr. Amit Bansal, Std. Counsel
with Ms. Seema Dolo, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
PRATEEK JALAN, J. (Oral)
The proceedings in the matter have been conducted through
video conferencing.
1. The petitioners were aspirants for admission to the under-
graduate courses in University of Delhi ["the University"]. They have
approached this Court with the grievance that they were not permitted
to edit the category in which they sought to apply during the "Special
Drive for Admission" held by the University in December, 2020
["Special Drive"].
2. The petitioners applied for admission during the general
admission process in August, 2020, in the General Category. They
claim that they were entitled to reservation under various special
categories [petitioner nos. 1 & 4 in the Economically Weaker Sections
category; petitioner nos. 2 & 5 in Persons with Disabilities category;
and petitioner no. 3 in the Schedule Tribes category]. However, they
applied in the 'General Category' for want of the necessary certificates
to establish their entitlement to the reservations in question. The
petitioners were unfortunately unable to secure admission during the
general admission process.
3. The University thereafter issued a notice on 12.12.2020, for a
Special Drive for merit based under-graduate admissions in various
reserved categories. Participation in the said Special Drive was open
only to candidates in the Schedule Caste/Schedule Tribe/Other
Backward Classes/Economically Weaker Sections/Persons with
Disability/Kashmiri Migrants/Sikh Minority categories. The persons
who could not seek admission earlier or had cancelled their admission
in any of the colleges' departments during any of the preceding cut-
offs, and were therefore not admitted, were considered under the
Special Drive. The contention of the petitioners is that they were in
possession of the required certificates by the time the Special Drive
was conducted but were not permitted to edit the category under
which they had applied, and therefore could not avail of the Special
Drive at all.
4. I have heard Mr. Abhinav Sharma, learned counsel, on behalf of
the petitioners, and Mr. Amit Bansal, learned Standing Counsel, on
behalf of the University.
5. It has been pointed out in the counter affidavit filed by the
University that all candidates were informed from the very beginning
of the admission process that editing in the category of application
would not be permitted. Mr. Bansal has drawn my attention to the
notice dated 15.07.2020 and the press release dated 25.07.2020, which
have been annexed to the petition as Annexures A-3 and A-5
respectively. In both the aforesaid notices, the University has clarified
the fields in the application in which later editing would be permitted.
It is clear from both these notices that no changes were to be permitted
in the category of application.
6. Further, Mr. Bansal points out that in the Bulletin of
Information for Admission to Under-Graduate Courses (2020-21)
["Information Bulletin"], the University had contemplated the concern
of candidates who may not be in possession of the required category
certificates at the time of application. To accommodate the concerns
of such students, particularly in the wake of the COVID-19 pandemic
when they may have found it more difficult to obtain the certificates,
the University specifically provided as follows:
"If the applicant does not have their SC or ST caste/tribe
certificate at the time of registration/applying they may
upload the acknowledgement slip of the SC or ST
caste/tribe certificate application. However, at the time
of admission, the applicant will have to produce the valid
original SC or ST caste/tribe certificate."
7. The Information Bulletin also contains a list of documents
required at the time of registration. The following note was appended
to the list:
"If the applicants do not have recent / valid EWS / OBC
(Non-Creamy Layer) / SC or ST Caste / Tribe certificate
at the time of Registration, the applicant may upload the
acknowledgement slip of application for the certificate.
However, at the time of admission, the applicant will
have to produce his / her recent / valid original EWS /
OBS (Non-Creamy Layer) / SC / ST certificate."
8. The University also released a list of frequently asked
questions, in which some of these issues were dealt with, which reads
as follows:
"Q 1: If PwD candidates are not able to obtain the
disability certificate from the government hospital. Can
they upload one from the private hospital?
Answer: Certificate issued by a private hospital is not
valid. Applicants can apply for the certificate in online
OPD and if they are not able to do so, they can upload an
older certificate which the applicant may have used to
avail benefits till class XII.
Q 2: If an applicant is not able to renew the EWS
certificate nor the income certificate as of now, what
should they do now?
Answer: The applicant can apply for the income
certificate online and generate the
acknowledgment/enrolment receipt to be uploaded. But at
the time of admission the applicants have to provide the
certificate.
Q 3: Can an applicant upload the caste certificate in his
father's name if he/she is facing problems right now to
issue one in his/her own name?
Answer: Applicants should try and apply for corrections
in the certificate online and upload the acknowledgment
slip of the same.
Q 4: If someone applies for an EWS certificate in
offline mode, they obtain a receiving with a stamp. Can
they upload that?
Answer: Yes, they can upload that provided the receiving
has been done by the concerned authority. The applicants
must have the certificate at the time of admission.
Q 5: Can a candidate change his category from UR to
EWS after paying the registration fees or they need to
fill another form?
Answer: The category of the applicant CANNOT be
changed. Filing another form WILL BE THE candidate's
choice."
9. Mr. Bansal submits that as the cut-offs for admission are
determined on the basis of the categories in which the applicants have
applied, the University decided to freeze the category at the stage of
application while making the aforementioned accommodations for
those reserved category candidates who did not have valid category
certificates at the time of registration. This was made clear to all
candidates prior to the stage of applications itself.
10. Mr. Sharma assails this as a hyper-technical approach. He
submits that the petitioners, having obtained their category certificates
prior to the Special Drive, ought to have been permitted to edit their
category of application so that they could be eligible for admission. He
cites the recent Division Bench decision of this Court in Lekhraj
Meena vs. Union of India & Ors. [W.P.(C) 11004/2020, decided on
23.12.2020], in which this Court has cautioned against a technical
approach while dealing with implementation of reservations. In
paragraph 7 of the aforesaid judgment, relied upon by Mr. Sharma, the
Division Bench has held as follows:
"7. We are of the view that the very fact that members of
the STs have been granted certain
reservations/relaxations, not only legislatively but also
constitutionally, shows the need therefor. The said need
has to be fulfilled, not only by providing
reservations/relaxations but also by providing relaxations
in implementing the said reservations and benefits
conferred on the STs. The reasons and objective of
providing such reservations/relaxations should not be
lost sight of while implementing the reservations and
relaxations. The said reservations/relaxations are in
admission of the disadvantages which the STs have
suffered for generations and which disadvantages place
them in a unequal position vis-a-vis other citizens. Such
disadvantages extend to all parameters of day to day life,
making it more difficult than for others. The said
reservations/relaxations cannot be given by one hand and
taken away by another, invoking technicalities, forgetting
the hardship and difficulties faced by such members in
accomplishing smallest of the things, including of literacy
and awareness. The default by the petitioner in
submitting the certificate for height relaxation as per
Annexure-IX to the SSC Notification dated 17th
September, 2019, though submitted a caste certificate of
belonging to the ST, cannot, in our view, be enforced
pedantically, forgetting the very purpose of granting the
reservations/relaxations and depriving the STs of benefits
thereof. Moreover, the ongoing Farmers' Protest around
the National Capital Region, cannot also be ignored and
judicial notice has to be taken notice thereof in ensuring
that none is deprived of due owing thereto. The petitioner
is found to have been forthcoming in his disclosure, also
of the reason for which the Tehsildar declined the
certificate for height relaxation to the petitioner. Had the
Tehsildar not so declined, the petitioner would have
possibly reported back with the said certificate within the
time granted to him."
11. Having heard learned counsel for the parties, I am of the view
that the actions of the University in the present case cannot be
characterised as arbitrary or unreasonable, calling for the interference
of the writ court. The method of application was duly publicised by
the University at the stage prior to admission itself. Due provision was
made for candidates who may not be in possession of category
certificates and various alternatives were provided to enable them to
apply in the proper category. The petitioners, perhaps on a bona fide
misunderstanding, did not avail of those accommodations and instead
applied in the general category. It is for this reason that they are today
unable to avail of the reservation despite having the valid certificates.
12. I do not regard the prohibition on editing of the category to be
arbitrary or unreasonable. As submitted by Mr. Bansal, the cut-offs for
admission in each course are category-specific. The petitioners have
approached the Court only after the conclusion of the normal
admission process. During the normal admission process, seven cut-
off lists were declared during October and November, 2020 in each
category. The category certificates which the petitioners have
ultimately obtained were issued between 22.09.2020 and 11.10.2020.
During the entire process of normal admission, no grievance was
raised by the petitioners. Only on the eve of the Special Drive for
reserved candidates did the petitioners seek to edit the category of
their applications. To permit them to do so would potentially upset the
earlier cut-offs. In the meanwhile, the entire admission process for
normal admissions had been closed, and in fact the University has
closed all under-graduate and post-graduate admissions on
31.12.2020.
13. The decisions of this Court also do not support the petitioner's
argument that changes should have been permitted in the category of
admission. In Naveen Kumar vs. Faculty of Medical Science & Ors.
2011 SCC Online Del 2774 [W.P.(C)4379/2011, decided on
08.07.2011], it was held as follows: -
"11. Adverting to the facts of the present case, the
petitioner had applied in the General Category to seek
admission in MBBS Course and later he sought change in
his category. Such an alteration is clearly impermissible
in terms of clause 1.13 of the Bulletin of Information. It is
not the case of the petitioner that he had furnished a
correct information about his category as that of
belonging to OBC and he could not furnish proof of the
same. The courts have been taking a liberal view so far
non submission of such certificates at the time of
submission of the application forms in certain situations
but certainly to permit a candidate to change his/her
category itself neither seems logical nor legally
permissible in terms of the requirements laid down in the
Bulletin. Counsel for the respondent has also taken a
stand that the instructions laid down in the Bulletin of
Information have a statutory force as the said
instructions were introduced after the same are passed by
the University under its statutory powers. Without going
into this issue, this court does not find any merit in the
present petition. A candidate is expected to at least know
which caste or category he or she belongs to and
accordingly truthfully state his/her category in the
application form. A change of category thus sought by the
petitioner at a later stage although may be before the
declaration of results cannot be permitted to the
petitioner. Reliance by the petitioner on such change
being permitted by the Central Counselling Board
(AIEEE-2011) can be of no help to the petitioner as no
such change has been permitted by the University of
Delhi and it is not the case of the petitioner that the
clause contained in the Information Bulletin should be
struck down as being discriminatory or being in violation
of fundamental rights of the petitioner."
Reference may also be made in this connection to the judgments in
Udit Sehgal vs. University of Delhi & Anr. ILR 2002 II Delhi 591
(paragraph 9), and Ujjwal Tripathi vs. Director General, National
Testing Agency 2019 SCC Online Del 8702 [W.P.(C)5104/2019,
decided on 23.05.2019] (paragraphs 14-17).
14. The decision in Lekhraj Meena (supra), relied upon by
Mr. Sharma, is not applicable to the facts of the present case, as the
petitioner therein had applied under the reserved Scheduled Tribe
category. Had the petitioners herein applied in their reserved
categories, they could have taken the aid of the said judgment if the
University unreasonably denied them the consequential benefit.
Having applied in the general category, however, the petitioners
cannot claim the relief granted by the Division Bench in that case.
15. In the aforesaid circumstances, it is not possible to grant any
relief to the petitioners at this stage. The petition is therefore
dismissed.
PRATEEK JALAN, J
FEBRUARY 3, 2021
'hkaur'
