Delhi High Court
Saarthak Kalra vs University Of Delhi on 24 March, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 24.03.2022
+ W.P.(C) 2158/2022
SAARTHAK KALRA ..... Petitioner
Through Ms.Meenal Duggal, Advocate.
versus
UNIVERSITY OF DELHI ..... Respondent
Through Mr.Mohinder J.S.Rupal and Ms.V.
Bhawani, Advocates.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The petitioner, who had registered with the School of Open Learning,
Delhi University for admission to the B. Com course but has not been
granted admission on the ground of not completing the necessary formalities
including payment of fees, has approached this Court seeking a direction to
the respondent to grant him admission by condoning the delay, if any, in
complying with the procedural requirements. It is the petitioner's case that
on account of the demise of a close family member as also a technical glitch
in the respondent's website, he was not able to pay the fees.
2. The writ petition is opposed by the respondent by contending that
while the petitioner had registered with the respondent for seeking
admission to B.Com Course, he failed to click on the verification icon at the
time of submitting his application, and resultantly, his registration was
Signature Not Verified
Digitally Signed
By:SAURABH RAWAT
Signing Date:24.03.2022
18:46:42
unsuccessful and he was, therefore, rightly not permitted to pay the fees. Mr.
Rupal, learned counsel for the respondent submits that the petitioner, having
now missed the bus cannot claim that he should be granted admission on
account of any purported technical glitch either at his end or at the end of the
University. He further submits that the respondent has already filed an
affidavit clearly stating therein that there was no technical glitch in their
website and therefore it is evident that the petitioner, on account of his
failure to complete the necessary formalities, is trying to shift the blame on
the respondents.
3. Having considered the submissions of the learned counsel for the
parties, I may at the outset note that the petitioner is not seeking admission
in any competitive course where his admission at this stage will affect the
rights of any other students. The petitioner is seeking to join the School of
Open Learning wherein there is no mandatory requirement of attending
classes which in any event, were only being conducted online. It is an
admitted position that the admission to the School of Open Learning is
dependent on the minimum eligibility criteria prescribed by the respondent
from time to time for admission to different courses which minimum
criteria, the petitioner fulfilled for admission to the B.Com course.
4. I may now refer to the message received by the petitioner from the
respondent university at 11:20 PM on 02.12.2021, based on which the
petitioner has contended that he was under a bona fide impression that
having been duly registered with the School of Open Learning, his
admission thereto was secured and he was only required to pay the fees. The
aforesaid message received by the petitioner reads as under-
Signature Not Verified
Digitally Signed
By:SAURABH RAWAT
Signing Date:24.03.2022
18:46:42
"
VK-SOLDUO
Text Message
Thu, 02 Dec, 11:20 PM
Dear Saarthak Kalra, Thank you for registering with School of
Open Learning (SOL), University of Delhi. Your User ID:
[email protected] and Password: 788122"
5. From a perusal of the above message, it is evident that the petitioner
was unambiguously informed that he had successfully registered with the
School of Open Learning and was therefore also provided with a user id.
Even though a detailed counter-affidavit has been filed by the respondent,
the veracity of this message which bears the logo of School of Open
Learning has not been denied by it. I therefore see no reason to disregard the
petitioner's plea that he always remained under the belief that he had been
granted admission in the School of Open Learning.
6. In the light of the aforesaid, I am unable to accept the respondent's
plea that the petitioner's registration was not complete. No doubt, the
petitioner has not paid the requisite fees before the cut-off date of
31.12.2021, but the petitioner has sought to give an explanation that even
though he tried his best, he was unable to click on the verification icon on
31.12.2021 and was therefore, unable to pay the fees. The petitioner has also
explained that due to a death in his family, he was not able to immediately
rush to the Court. However, the fact remains that the petitioner approached
this Court within one month, i.e., on 02.02.2022.
7. Thus, what emerges is that the petitioner is a young 18-years old
student who had duly registered with the School of Open Learning for the
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By:SAURABH RAWAT
Signing Date:24.03.2022
18:46:42
B.Com course, but could not pay his fees on account of a personal tragedy
as also a technical glitch, may be only at his end and not at the respondent's
end. It is not as if the petitioner has missed any classes or is not meeting any
other criteria and therefore, grave and irreparable prejudice would be caused
to him if he is made to lose one full year only on account of non-payment of
fees. These peculiar facts persuade this Court to issue directions to the
respondent to enable the petitioner to complete all other remaining
formalities for his admission to B.Com course for the academic year 2021-
2022.
8. On this aspect, reference may also be made to a recent decision of the
Supreme Court in Prince Jaibir Singh vs. Union of India & Ors., Civil
Appeal No. 6983/2021, dated 22.11.2021 wherein the Apex Court while
dealing with the case of a candidate who had secured admission in IIT
Bombay, had by exercising its power under Article 142 of the Constitution,
come to his aid by directing a supernumerary seat to be created for him. The
relevant extracts of the said decision read as under:-
"5. Having regard to the facts of the case noted above, it would
be a grave travesty of justice if a young Dalit student, who had to
move this Court, is turned away without considering the
difficulties he has encountered in acquiring the funds and to pay
the fee for admission for the B.Tech Degree Course at IIT-
Bombay and, thereafter, in ensuring that the payment is
processed online. If the petitioner were not to be admitted during
the current academic year, he will be ineligible to appear after
two consecutive attempts. Though technology is a great enabler,
there is at the same time, a digital divide. Hence, we are of the
view that this is a fit and proper case where the exercise of the
jurisdiction under Article 142 of the Constitution is warranted at
the interim stage in the facts as they appear before the Court."
Signature Not Verified
Digitally Signed
By:SAURABH RAWAT
Signing Date:24.03.2022
18:46:42
6. We accordingly direct the first and second respondents to
ensure the appellant is admitted to IIT-Bombay pursuant to the
allocation of the seat to him. This shall not entail disturbing any
other student who has already been admitted. The creation of a
supernumerary seat, in the facts of the present case, shall be
subject to the admission of the appellant being regularized in the
event that any seat falls vacant as a result of exigencies which
may arise in the course of the admissions process. Otherwise, the
continued studies of the appellant for the B.Tech Degree Course
in Civil Engineering shall be against the supernumerary seat.
The parties shall act on a certified copy of this order and
implement these directions on or before 24 November 2021.
9. For the aforesaid reasons, the writ petition deserves to be and is
accordingly allowed. The respondent is directed to permit the petitioner to
complete all other necessary formalities within three days for which purpose
the petitioner may approach the office of the principal of the
respondent/School of Open Learning who will ensure that he is permitted to
complete all necessary formalities including payment of fees as also the
examination fees so as to enable him to appear in the forthcoming
examination.
10. The writ petition is allowed in the aforesaid terms.
REKHA PALLI, J
MARCH 24, 2022
rb
Signature Not Verified
Digitally Signed
By:SAURABH RAWAT
Signing Date:24.03.2022
18:46:42
