Manisha vs Laxmi Bai College and Others

Hima Kohli, J.—The present petition is filed by the petitioner, who is a student of respondent No. 1/College praying inter alia for quashing of the notice dated 22.09.2011 issued by respondent No. 1/College, declining her request for seeking a transfer from B.A. (Programme) course to B.A.English (Hons.) course on the ground that the said request was received after the cut-off date specified by the University of Delhi, i.e., after 30.08.2011.

Counsel for the petitioner submits that the aforesaid notice runs contrary to the consent given by the Vice-Principal of the respondent No. 1/College, to the petitioner on 14.9.2011, for being transferred from B.A. (Programme) course to B.A. English (Hons.), which was duly endorsed by the Head of the English Department of respondent No. 1/College. In this regard, he draws the attention of this Court to the documents enclosed with the petition as Annexure P-2. He submits that pursuant to receiving the aforesaid consent, the petitioner proceeded to deposit the fee of `200/- for the change of course to B.A.English (Hons.) (Annexure P-3) and even attended the classes for B.A. English (Hons.) w.e.f. 14.09.2011 to 29.09.2011. However, after issuance of the impugned notice dated 22.09.2011, the petitioner was reverted back to the B.A. (Programme) course and was also issued a notice dated 27.09.2011, calling upon her to submit her University Examination Form for the 1st Semester 2011 in respect of the B.A. (Programme) course. Counsel for the petitioner further states that the petitioner has been discriminated against as in similar circumstances, another student, namely, Ms. Hem Lata was granted fresh admission to B.A.English (Hons.) course on 19.09.2011, even though her request for the same was made to respondent No. 1/College much after the cut-off date as prescribed by the University of Delhi.

Counsels for respondents No. 1 and 3/College and respondent No. 2/University of Delhi jointly state that in the present case the date prescribed by the Academic Council for accepting admissions for the current academic year was 30.08.2011, which could be relaxed only by the Principal, and since in the present case the consent was given by the Vice-Principal, the same would not be of any assistance to the petitioner. It is further stated by the counsels for the respondents that reliance placed by the petitioner, on the case of another student by the name of Ms. Hem Lata, who it is stated was granted admission much after the last date prescribed i.e. 30.08.2011, is misplaced inasmuch as the aforesaid student''s case was one of re-admission to the same course, namely, B.A.English (Hons.) for which she had already applied in the previous year and hence, the facts of the said case are entirely different from that of the petitioner herein. He further states that the examinations for the 1st Semester for the year 2011 in respect of the B.A. (Programme) course are slated to begin in November 2011 and any delay on the part of the petitioner in joining the B.A. (Programme) course may adversely impact her academic career.

Counsels for respondents have brought Clause 3 of Ordinance II of the University of Delhi to the notice of this Court, which mandates that admissions shall be finalized by the Principals of Colleges and Deans of Faculties concerned, as the case may be, not later than such last date as may be prescribed by the Academic Council from time to time. A proviso has been carved out in the aforesaid clause to the extent that the Vice-Chancellor has the discretion to allow admission after the prescribed last date inter alia for very exceptional reasons. In the present case, in light of the fact that the petitioner applied for a transfer to the B.A.English (Hons.) course well past the prescribed last date i.e. 30.8.2011 and considering the fact that the consent for admission beyond the cut off date was given by the Vice-Principal of respondent No. 1 who was not competent to do so, and not by the Principal as required under the provision, this Court does not find any illegality or perversity in the impugned notice dated 22.9.2011, which is upheld.

At this stage, counsel for the petitioner submits that due to the delayed rejection of petitioner''s request for transfer to the B.A. English (Hons.) course by notice dated 22.9.2011, the petitioner has been further prejudiced as her examination form for B.A.(Programme) Course may not now be accepted by respondent No. 2/University of Delhi as the cut-off date for submission of such forms was 21.09.2011 and one month has passed therefrom, thus making the petitioner ineligible to sit for the examination for the B.A. (Programme) course scheduled in November 2011.

Counsel for respondent No. 2/University of Delhi states, on instructions from her client, that in view of the peculiar facts and circumstances of the present case, the petitioner would be granted relaxation for submitting her University Examination Form for the B.A. (Programme) course to enable her to sit for examination for the 1st Semester in November 2011 if she applied immediately. The aforesaid suggestion is acceptable to the counsel for the petitioner.

In view of the aforesaid position, the present petition is disposed of while upholding the impugned notice dated 22.09.2011 and directing that in view of the fact that the petitioner has been attending the B.A. (Programme) course ever since her admission till date except for a period of two weeks between 14.09.2011 to 29.09.2011, she shall continue to remain a student of the B.A. (Programme) course and shall be permitted to sit for her 1st Semester examination in November 2011, upon submitting University Examination Form to the respondent No. 1/College within one week, which shall in turn be forwarded forthwith by respondent No. 1 to respondent No. 2/University of Delhi for the latter to relax the period for accepting the said form in the peculiar facts and circumstances of this case. It is further directed that merely because the petitioner did not attend the B.A. (Programme) course for the period w.e.f. 14.09.2011 to 29.09.2011, it would not result in any shortfall of attendance for her, which may preclude her from taking the examination for the 1st Semester in November 2011.

The petition is disposed of alongwith the pending applications.

DASTI to the parties under the signatures of the Court Master.