High CourtsSingle Bench(2008) 03 DEL CK 0265

Ms. Amrita Singh through her natural guardian, Suresh Kumar Singh (Father) vs University of Delhi and Others

Delhi High Court · Decided on 18 March 2008

HON’BLE JUDGES
Gita Mittal, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Civil) No. 68 of 2008

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Judgment

10 paragraphs · 393 words

Gita Mittal, J.—This writ petition has been filed by the petitioner complaining that by the letter dated 3rd/4th December, 2007 she was held to be under age for pursuing B.A. Sanskrit (Hon.) course and consequently her admission to the 1st year course in the Daulat Ram College was cancelled.

2.

Learned Counsel for the respondent has submitted that the executive council of the Delhi University on 27th December, 2007 accepted the recommendations of the academic counsel in its meeting dated 12th December, 2007 whereby the requirement of the minimum age for pursuing undergraduate and post-graduate course of the Delhi University has been deleted from Ordinance 1(2).

3.

Mr. Mishra, father of the petitioner has also pointed out that based on this rule, the University of Delhi has relaxed age limit beyond one year in respect of 52 students w.e.f. 2001. He places reliance on a communication dated 7th January, 2008/42020 received in reply to the petitioner''s application under the Right to Information Act, 2005. This communication deserves to be considered in extenso and reads thus:

This has reference to the above original application. It is informed that University has relaxed the age limit beyond one year in respect of 52 students from 2001. These students were admitted by various colleges by mistake and their cases were forwarded by Principals to the University after a gap of two years of more of their admissions.

4.

In view of the amendment to the applicable Ordinances, such prohibition does not remain and there is no impediment to the petitioner pursuing the course of B.A. Sanskrit (Hon.) 1st year to which she has been admitted. Learned Counsel for the Delhi University has submitted that appropriate directions to all colleges in this behalf have already been issued by the Delhi University.

5.

It is evident therefore that the petitioner would be entitled to pursue the course.

In this view of the matter, this writ petition deserves to be allowed.

Accordingly, the order dated 3rd/4th December, 2007 issued by the respondent No. 3 is quashed and a direction is issued to restore the candidature of the petitioner and permit her to appear in the scheduled annual examination to be conducted by the University of Delhi starting from 5th April, 2008.

This writ petition and application are allowed.

Copy of this order be given dasti to counsel for the parties.