Homi Chauhan vs Guru Gobind Singh Indraprastha University And Anr

Jayant Nath, J

This writ petition is filed by the petitioner to quash the impugned order dated 09.10.2018 cancelling the admission of the petitioner and for a direction

to respondent No.1/Guru Gobind Singh Indraprastha University (hereinafter referred to as the ‘University’) to allow the petitioner to continue in

his course of LLM (R) 2018-19. Other connected reliefs are also sought.

The case of the petitioner is that he took admission at the Respondent University in the 5 year integrated Bachelor of Laws BA LLB( Hons.) in the

year 2013. The petitioner’s result of three supplementary examinations was awaited and had applied for two other supplementary examinations. In

the meantime, the petitioner applied for and appeared in the Common Entrance Test conducted by the University for admission in Master of Laws

2018-2019 programme. The petitioner scored a rank of 337 and became eligible for admission in the LLM programme.

The petitioner was allowed to attend the counseling scheduled by the University for admission to the LLM course. The petitioner informed the

University and the University was also aware of the fact that his result of the 10th semester was yet to be declared and supplementary examinations

for the subjects ‘drafting, pleading and conveyance’ and ‘dissertations’ was yet to be held. However, the University granted provisional

admission to the petitioner on 10.07.2018.

It is pleaded that under clause 3.7(1) Part A of the Admission Brochure for the Academic Session 2018-19, the petitioner was to fulfill the eligibility

criteria laid down in the Admission Brochure latest by 15.10.2018 and to submit an undertaking to this effect.

The results of the three supplementary examinations were declared by the respondents on 31.07.2018 in which the petitioner passed. The petitioner

appeared in the remaining two supplementary examination of the LLB which were conducted by the University in September, 2018. It is also pleaded

that without waiting for the result of the aforesaid supplementary examination, the University issued the impugned order dated 09.10.2018 cancelling

the admission of the petitioner. It is further pleaded that the result of the aforesaid two supplementary examinations was declared on 16.10.2018 i.e.

one day after the cut off date of 15.10.2018. The petitioner cleared the examination and the result was promptly supplied to the University on

17.10.2018. The petitioner tried to persuade the University to provide admission but all in vain.

The facts and issues that arise in the present petition are virtually identical to the facts and issues of the writ petition, titled ‘Sana Ullah Siddqui v.

Guru Gobind Singh Indraprastha University & Anr. This court has today pronounced the judgment in the said case i.e. W.P.(C) 12043/2018. For the

same reasons and on the same grounds, the present writ petition is also allowed. The impugned order dated 09.10.2018 is quashed. The result of LLM

of the petitioner which was withheld should be declared. The petitioner would be entitled to all consequential reliefs.