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The Delhi High Court has issued notice to the Faculty of Law and the University of Delhi in a petition challenging the cancellation of a student’s admission for failing to produce mark list on time.
The notice was issued by Justice Rajiv Shakdher in a petition filed by one Mohinish Sharma. Advocates Vidur Bhatia, Siddharth Nayak and Vaibhav Choudhary appeared for the Petitioner while Delhi University was represented by Advocate Ankur Chibber. Besides the Delhi University and Faculty of Law, Chaudhary Charan Singh University, from where the petitioner graduated, has also been arraigned as a respondent in the petition.
Sharma qualified the entrance exam conducted for admission to the three-year LLB course of Faculty of Law. He was able to produce all the requisite documents required for completing the admission formalities except the final semester mark sheet since the results for the same had not yet been declared. Meanwhile, he started attending the classes which had commenced by then.
The final semester mark sheet was issued only September 3, 2015, three days after the last date for the submission of the documents. It is, however, the petitioner’s case that the last date averred by the University i.e. August 31, 2015 is not prescribed anywhere nor was it officially communicated.
The petitioner has also submitted that the delay in producing the mark sheet was not due to his fault but because of the procedural delay on the part of Respondent 3.
As per the petition,
“…delay in submission of the qualifying degree provisional mark sheets cannot be attributed to the candidate, when he is not in default or negligent about his rights and duties. In the present case, the delay in submission of the requisite document was beyond the control of the Petitioner. The Petitioner approached Respondent No. 3 well within time for issuance of the provisional mark sheets. But Respondent No 3 did not issue the same until 03.09.2015 due to procedural delay on its part.”
The petitioner has contended that he was never officially informed that the last date for furnishing all the documents was August 31, 2015 and the same was not mentioned in the admission bulletin/prospectus nor in any rules issued by Respondents.
“..admission brochure and prospectus is a source of information for all those candidates who are seeking admission in colleges. It is submitted that where the prospectus is silent about the last of date of submission of documents, the Respondent cannot be denied the right to admission in such circumstances.”
He has, therefore, sought for a direction to be issued to the Respondents to take on record the documents of the Petitioner and complete his admission formalities.
The Court issued notice to the respondents on October 14 and directed Delhi University, and Faculty of Law to grant provisional admission to the Petitioner. The matter will now be heard on January 12, 2016.